Social Rights in the Case-Law of the Constitutional Court of Romania

European Journal of Social Law, 2 (15), 2012

Posted: 28 Oct 2013

See all articles by Tudorel Toader

Tudorel Toader

Faculty of Law, Alexandru Ioan Cuza University of Iaşi; Constitutional Court of Romania

Marieta Safta

Constitutional Court of Romania; Titu Maiorescu University - Faculty of Law

Date Written: 2012

Abstract

The Constitutional Court of Romania had to decide, on several occasions, on complex issues related to social rights, particularly in recent years, when the phenomenon of economic crisis led to a continuous adaptation of social policy, materialized in legislative measures. Upon referral, adjudicating on the constitutionality of such regulations, the Court rendered several decisions in which it examined and explained the meaning of the concept of "social state," thus circumscribing, on the one hand, the scope of social rights, especially those of social security, and on the other hand, the State's obligations in relation to the constitutional norm, respectively its margin of appreciation while adopting measures concerning social rights.

The author presents some of the issues addressed by the Constitutional Court of Romania through its decisions, selecting those decisions considered relevant as concerns the legal status of social rights, inclusively in terms of explaining some concepts provided by the relevant constitutional provisions.

Keywords: social assistance; childcare allowance; living standards; reduced salary; healthcare; pension; special pension; protection of disabled persons; social state

JEL Classification: K10

Suggested Citation

Toader, Tudorel and Safta, Marieta, Social Rights in the Case-Law of the Constitutional Court of Romania (2012). European Journal of Social Law, 2 (15), 2012. Available at SSRN: https://ssrn.com/abstract=2345712

Tudorel Toader

Faculty of Law, Alexandru Ioan Cuza University of Iaşi ( email )

B-ul Carol I nr.11
IAŞI, 700506
Romania

Constitutional Court of Romania ( email )

Palatul Parlamentului, Intrarea B1, Calea 13
Septembrie nr. 2
Bucharest, sector 5
Romania

Marieta Safta (Contact Author)

Constitutional Court of Romania ( email )

Palatul Parlamentului, Intrarea B1, Calea 13
Septembrie nr. 2
Bucharest, sector 5
Romania

Titu Maiorescu University - Faculty of Law ( email )

Strada Dâmbovnicului 22
Bucharest, 040441
Romania

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