Judgment no. 5 of 10.04.2012
JUDGEMENT on constitutionality control on provisions of articles 4 paragraph (2) letter a) and b), 9 paragraph (1) and 13 paragraph (1) letter c) of Law No. 289-XV of 22 July 2004 on allowances for temporary work incapacity and other social insurance benefits, as subsequently amended and supplemented (Complaint No. 39a/2011)
The subject of complaint: Ombudsman
Type of judgment: constitutional review of laws, regulations and decisions of the Parliament
Provision: provisions declared constitutional in part/unconstitutional in part
Application:
Communication:
1. The case originated in the complaint filed with the Constitutional Court on 29 December, 2011, under articles 135 paragraph (1) letter a) of the Constitution, 25 paragraph(1) letter g) of the Law on the Constitutional Court and 38 paragraph (1) letter i) of the Code of Constitutional Jurisdiction, by the Parliamentary Ombudsman Aurelia Grigoriu, for the control of constitutionality of the provisions of articles 4 paragraph(2) letter a) and b), 9 paragraph (1) and 13 paragraph (1) letter c) of Law No. 289-XV of 22 July 2004 on the allowances for temporary work incapacity and other social insurance benefits, in the wording of laws No. 56 of 9 June 2011 and No. 3 of 15 January, 2012, by which were amended the conditions for temporary incapacity allowance.
2. The author of the complaint claimed, in particular, that the assigning to the employee and the employer of a portion of the allowance for temporary incapacity to work, as well as reducing the amount of the allowance, introduced through the challenged rules, violated the right to social protection and ownership, being incompatible with the provisions of articles 1 paragraph (3), 15, 18, 47 combined with Article 16, the provisions of Article 46 combined with Article 54 and also with Article 126 paragraph (2) letter g) of the Constitution.
3. By the decision of the Constitutional Court of 9 February 2012 the referral was declared admissible, without prejudging the merits of the case.
4. On 15 February 2012 the referral was completed with the request to extend the object of referral on the amendments introduced in Article 4 of the Law No. 289-XV by the Law No. 3 of 15 January 2012.
5. In the examination of the complaint, the Constitutional Court has asked the opinions of Parliament, Government, ministries etc.
6. The author of the complaint was present in person at the plenary session of the Court. The Parliament was represented by Mr. Sergiu Chirica, Senior Adviser in the Legal Directorate of the Parliament Secretariat. The Government was represented by Mrs. Valentina Buliga, Minister of Labor, Social Protection and Family, and Mr. Vladimir Grosu, Deputy Minister of Justice.







