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September 17, 2021

CC: Modifications to the statute of military personnel are constitutional

The judges of the Constitutional Court rejected the complaint in which PDL senators protested against the exceeding of the framework of the reexamination request filed by the chief of state.

The Constitutional Court (CC) yesterday upheld – with unanimity of votes – as constitutional the modifications to Law 80/1995 on the statute of military personnel, brought after the regulation was sent by the president for re-examination. PDL senators challenged in April at CC the modifications to the Law on the statute of military personnel adopted by the Senate on April 9. The democrat-liberals claimed that the adopted law exceeds the framework of the re-examination demand made by the president and debated by the two Houses of the Parliament, thus being against the provisions of art 77 para (2) of the Constitution and all the jurisprudence of the Constitutional Court. They said that the legislators of the ruling coalition adopted a paragraph 2? to art 86 of this law, while debating the president’s re-examination request, “whose content is unrelated to the content of the respective demand for re-examination.”
Senators decided on April 9 that army personnel can be kept active after they reach the retirement age, until the age of 60, with approval from the leaders of the institution, depending on staffing needs. They adopted, with an amendment, the act that modifies Law 85/2005 regarding the statute of military personnel, returned to Parliament for re-examination by President Traian Basescu. The draft law was adopted with 103 votes to 28 and 3 abstentions. According to an amendment proposed by the Defence Committee and upheld by senators, the provisions of the draft law will exclusively apply to MoD and the militarised structures of MAI. Under the draft law, MoD and MAI personnel will retire gradually – one-star generals at the age of 56, two-star at 57, three-star at 58 and four-star at 59. Extending the time in office until 60 can be made according to the decisions made by the selection committees which operate in military units, and the proposal about their retirement or not will be mandatory for the minister of Defence. The Senate adopted this draft law in its quality of decision-making House.
The head of state asked the Parliament to re-examine the modifications to Law 80/1995 on the statute of military personnel which allows generals and admirals to stay in activity after the standard retirement age, until 60, with the annual approval of the institution chief. He presented in a press conference the motives for returning the law in view of re-examination, then mentioned: “I hope this law will never leave the Parliament again.” “I can interpret it as a law that reflects either and act of national treason, and I say it with full responsibility, or an act that proves obvious stupidity,” Basescu added.

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