The Government has challenged with the Constitutional Court of Romania (CCR) a law amending and supplementing framework Law No. 284/2010 concerning the uniform public pay as well as other fiscal and budgetary matters adopted by Parliament on June 8, 2016.
In a press statement released on Monday, the Government says it has asked the Constitutional Court to exercise its constitutionality check of the provisions in the law, raising objections over articles that were introduced to the law and passed by the Chamber of Deputies as the decision-making chamber in this instance.
The Government points to Article 19.1 that provides for a pay bonus to the tune of 15 percent of the base pay to the public staff holding a doctor’s degree if the staff works in the areas covering the degree.
About this provision, the Government argues that the instances envisaged for regulation are currently covered by emergency ordinance 57/2015 concerning the public pay in 2016 that is currently in force. “There is a risk of confusing and discretionary interpretation of the legislation with subjective application of the law by employers as a consequence,” the government says.
It also points to Article 37.1, which provides for a 10-percent increase in the pay for the staff in the fully self-funded public organisations operating under the coordination or authority of the Government, ministries or other specialist bodies of the local and central public administrations, as well as those coordinated by the prime minister and operating under Parliament’s control when they work in newly created departments or their collective labour agreements have expired.
About this provision, the Government argues it creates a new wage right the financial impact of which is unbudgeted. “Approving the pay increase only for this staff would be discrimination against other public staff,” the Government says.
At the same time, it argues that Article 138 (5) in the Constitution forbids public spending where there is no ascertained funding source.
“In the same sense, Article 15 of Law 500/2002 concerning public finances, as subsequently amended and supplemented, says that when proposals are made for pieces of legislation/measures/policies which application would lead to contracting the revenues or increasing the spending as approved under the budget, financial reports should be submitted,” the Government says.
The reports, it adds, will comprise the impact on the aggregate national budget taking into consideration anticipated changes in spending and revenues for the current year and the next four years; estimates of commitments in the case of annual and multiannual actions that lead to increased spending; envisaged measures to cover excess spending or revenue deficit in order not to affect budget deficit.
The Government also argues there is a risk of the additional impact generated by such measure not being covered by the budget approved under the 2016 Finance Law approved by Parliament. “Moreover, that would set the premises for budget imbalance and possibly the deficit target being overshot (2.95 percent of the GDP against ESA method), in breach of the Maastricht Treaty,” the Government says.
Gov’t challenges civil service statutes with Constitutional Court
The Government has challenged with the Constitutional Court of Romania (CCR) a bill amending Law 188/1999 concerning the civil service statutes approved by Parliament on June 22.
In a press statement on Monday, the Government says it has asked CCR to verify the constitutionality of some amendments to the bill passed by the Chamber of Deputies as the decision-making chamber in this instance.