Social Rights in the Case-Law of the Constitutional Court of Romania
European Journal of Social Law, 2 (15), 2012
Posted: 28 Oct 2013
Date Written: 2012
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: Suggested Citation