Deprivation of rights of salary and pension - Transposition of a state policy with no social protection

• Author: Maria Gheorghe Isabela - Angela Paunescu
• Position: Assistant Professor in the Faculty of Law and Public Administration, Rm Vilcea, 'Spiru Haret' University / Lawyer in Gheorghe Isabela-Maria Office, Bar Vilcea - Lawyer in Paunescu Angela Office, Bar Vîlcea
• Pages: 88-90

DEPRIVATION OF RIGHTS OF SALARY AND PENSION - TRANSPOSITION OF A

STATE POLICY WITH NO SOCIAL PROTECTION Gheorghe Isabela-Maria

Punescu Angela

Abstract

Protection of the individual by the society in which he lives should be a direct transposition of the

Christian phr ase "love thy neighbor," which should involve strong implications in the context of pr ofound

socioeconomic changes.

Keywords: protection, income, individual, state, morality.

Introduction

The individual is no longer seen as being behind the building of the society, of the “city” to which he

belongs, but that element within that society, who ought to bear the results of an economic strategy, with

uncerta in results and, as app ears toda y, with adverse reper cussions on the patrimony of the citizen.

The legislative frameworks imposed in recent year s, from the need to cr eate a balanced state budget,

genera ted favorable conditions for some unwanted, r egrettable events, especia lly for those who repr esented the

subject of the decreasing of sala ry rights, or have been subject to reca lculation / revision of the pension rights.

In a society where the state’s need to face the loans, generate antisocial measures, only representatives

of the judiciary have succeeded in to enforce a protection of individual life, by recognizing the absolute and

inalienable character of the right of ownership subjecting the salary or pension.

Judgments of courts, given with respecting the principles o f law (recognizing the obtained right, non-

retroactivity of civil law, etc.) provide the protection for citizens in accordance with European practice in this

field. These principles of law, actually represents the transposition of an interior building based on the

thought with religious substrate accordingly to which, the human being must be p rotected from all those around

him. If this form of protection was first embraced within religious orders, afterwards succeeded in being

translated into legal regulations since Roman times. What is important however, is that the care for the neighbor

must be contained in the interior structure of each of us, whether is imposed by a strong religious conscience or

simply the moral conscience, good - faith is present at all times.

Court finds that domestic laws violate the covenants and tr eaties regarding the fundamental human

rights to which Romania is part. The domestic laws contain provisions less favorable than the covenants and

treaties, and the court s are obliged to ignore these provisions and to apply the more favorable from international

regulation. In d oing so, the c ourts do nothing b ut co mply with art. 20 of the Constitution as well as with the

covenants and treaties subjecting fundamental human rights to which Romania is p arty.

Finding of the Constitutional Court of Romania, in its decision no.872/25 from June 2010 and

no.874/25 from June 2 010, both published in the Official Monitor no.433 /28 from June 2010 that the No.

118/2010 Law does not violate the Romanian Co nstitution, does not prevent the courts to apply the provisions of

art. 20 of the funda mental Law and to give priority to the pacts and treaties regarding the fundamental human

rights that Romania is a part to.

As international regulations have priority over the domestic ones, including the Romanian Constitution,

the provisions of the European Court o f Human Rights from Strasbourg, for e xample, have priority over those of

the Constitutional Court of Romania, being mandatory for the courts.

In reference to international p rovisions about fundamental human rights which were violated by wage

cuts or revisions of pension rights, under art. 17 of the Universal Declaration of Human Rights: "1. Everyone has

the right to own property alone as well as in association with others, 2. No one shall be arbitra rily deprived of his

property.

Also, according to art. 1 of the First Protocol to the Convention of Defending Human Rights and

Fundamental Freedoms, ratified b y Romania by Law no.3 0/18 May 1994: “Every natural or legal person has the

right of his possessions to be respected. No one shall be deprived of his possessions except in the public interest

and as provided by law and general principles of international law. The above provisions shall not affect t he right

 Assistant Professor in the Faculty of Law and Public Administration, Rm Vilcea, “Spiru Haret” University / Lawyer in Gheorghe Isabela-

Maria Office, Bar Vilcea, email: avocat_isagheorghe@yahoo.com

** Lawyer in Punescu Angela Office, Bar Vîlcea, email: angela_paunescu@yahoo.com