PNL Chairman, Ludovic Orban, stated on Monday that the Executive Bureau of the party decided to notify the Ombudsman in order to challenge to the Constitutional Court (CCR) the ordinance by which the Government obliges the employers to pay social and health insurance contributions at the level of the minimum salary for those who have part-time agreements, arguing that the normative act breaches the fundamental law, the tax Code and the Law on the decisional transparency.
“We appreciate that by adopting this ordinance, Constitution was breached in several points. We appreciate that amendments of organic laws cannot be adopted by a simple ordinance; Tax Code is an organic law, but the normative act amending the Tax Code is a simple ordinance. Also, the Tax Code itself is breached, since it stipulates that fees, taxes and contributions cannot be amended as they did, from day to day. It should have been entered into force since January 1 and it should be in force for one year. This is the provision of the Tax Code which they changed without amending this article of the Tax Code” Ludovic Orban stated.
The PNL leader added that the ordinance adopted by the Government also breaches the article of the Constitution referring to the fact that the contributions in question must be equitable, and Liberals appreciate that paying the social and health insurance contributions at the same level for employees having a different number of working hours is a big inequity.
“Not at last, also based on the Constitution, it is obvious that the Law on the decisional transparency has been breached, too, since no public debate was held, and no transparency was ensured, none of the provisions of the Transparency Law has been considered when adopting this simple ordinance” Orban said.
He mentioned that the PNL Executive Bureau empowered a team of experts from within the party, led by MP Ioan Cupsa, to finalize the notice to the Ombudsman within 48 hours; the notice will be submitted on Wednesday.
The Government adopted on Thursday, in its session, an Ordinance introducing the obligation for the employers to pay CAS (e.n. – social insurance contribution) and CASS (e.n. – health insurance contribution) at the level of the minimum salary, which currently is RON 1,450, for the part-time employees, regardless of whether the remuneration is below the minimum salary; pupils, students and retirees are excepted from this provision.
Another request for the Ombudsman to notify the Constitutional Court has been made by the National Council of the Private Small and medium Enterprises in Romania (CNIPMMR), which appreciates that the GEO introducing the payment of the social insurance contributions at the level of the minimum gross salary for the part-time labor agreements affects the essence of the ownership right of the employer, which is against Article 44 of the Constitution, “related to the violation of the ownership right of the employer, by obliging it to pay higher social contributions than the performed work based on the labor relationship”.
Liberals will ask for the agenda of the extraordinary session to be supplemented: “The PSD boot destroys the Public Radio “
PNL Chairman, Ludovic Orban, stated on Monday that Liberals will ask for the agenda of the extraordinary session announced by PSD to put ELCEN under the authority of the Bucharest Municipality with the appointment of a new Board of Directors at the Public Radio, claiming that “the PSD boot destroys a traditional public institution”.
“We will ask to supplement the possible agenda of this possible extraordinary session with issues like, for instance, the appointment of a new Board of Directors at the Radio, where the PSD boot destroys a traditional public institution, due to the fact that not all the legal bodies are working inside the institution. Besides, it could be seen that PSD’s attempt to confiscate the Public Radio has been found unconstitutional by the Constitutional Court, following PNL’s notification” Ludovic Orban stated.
The PNL leader mentioned that, before ELCEN will be under the authority of the Bucharest Municipality, certain proceedings must be accomplished by the Government, not by the Parliament.
“However”, it seems to me strange to convene an extraordinary session for a matter which is not clarified yet. If it is a convocation of an extraordinary session in order to transfer ELCEN under to the Bucharest City Hall, to the Bucharest Municipality, I believe that certain steps have to be made before, and I don’t think that parliamentarians should assume the responsibility for legal issues that have not been solved until now by the Government”, Orban explained.
PM Mihai Tudose stated on Monday, after attending the meeting of the PSD National Permanent Bureau, that he asked an extraordinary session of the Parliament to be convened, in order to adopt a draft law by which ELCEN will be transferred under the authority of the Bucharest Municipality, so that the heating problem in Bucharest will be solved.
The Constitutional Court admitted on June 12, the notification submitted by PNL and PMP related to the amendments brought by the Parliament to the Public Television and Public Radio Laws, which it found unconstitutional.