Romanian Constitutional Court: National security could be affected unless staff spending is cut

The measures to reduce staff spending in the public system are necessary so that the economic stability of the country and, implicitly, the national security are not affected – this is the motivation for the Law to reorganise state institutions in Romania.

„The Constitutional Court notes that the reduction of the right to work exercise in the case o authorities and public institutions employees, implemented by these bodies, fulfils the conditions imposed by the constitutional text. Therefore, the reduction measure is included in the law, regards the exercise of the right and not it’s substance, it is determined by a situation of global financial crisis which could affect, in the absence of adequate measures, the country’s economic stability and, implicitly, the national security”, the November 4 motivation reads, quoted by Romanian press agency NewsIn.

Judges underline the fact that he measure is „temporary”, because it only regards the months from October to December 2009, is „reasonable” and „proportionate” with the situation that triggered it. „The reasonable reduction, with a temporary character, of the public units’ staff incomes, alongside a series of measures meant to manage the financial problems facing the state budget during this period, constitutes a reduction of the right to work of this category of employees, compatible with the fundamental Law”, the motivation goes on.

Judges also underline the fact that the reduction of a right or a freedom has an exceptional and temporary character, which is justified when „there is no other solution to safeguard the endangered values of the state”.

In the eventuality of a legislative intervention that would extend this measure, counter-effects can be created, opposing the ones intended, like perturbing the good functioning of the state’s institutions and authorities, the magistrates show.

The Romanian Constitutional Court (CCR) decided on November 4, with a majority of votes, that the „law regarding the re-organisation of certain authorities and public institutions, the public spending rationalisation, the support for the business environment and the compliance set agreement with the European Commission and the International Monetary Fund is constitutional as long as the measures featured in Chapter IV of the law do not refer to the persons for which the duration of mandate is specified by Constitution”.