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April 11, 2021

Court rules unconstitutional paragraph in Education Law

The Constitutional Court of Romania (CCR) on Tuesday ruled unconstitutional the provisions of Article 37 (3) in the Law on National Education 1/2011.

According to a press statement released by CCR, the provisions in question, which say that “teaching positions in the corps of military instructors in pre-university education units in the defence system, public order and national security, should be awarded in accordance with internal instructions, along with the teaching schedules, powers and responsibilities,” violate the provisions of Article 73 (3) (t), in conjunction with Article 118 paragraph (2) of the Constitution, according to which the military shall be regulated by organic law.

The court also dismissed as inadmissible the constitutionality objection over Article 5 (2) and Article 109 (3) of Law 80/1995 on the military.

The ruling is final and generally binding. It is communicated to the two chambers of Parliament, to the Government and to the court that referred the matter to the Constitutional Court.

The arguments retained in motivating the solutions of the plenum of the Constitutional Court will be presented in the decisions, which will be published in the Official Journal of Romania, Part I.

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