Part III

Elena ENE-GAVRILA, Ph.D. Candidate Faculty of Law, University of Bucharest, The Principle of Non-Retroactivity in the Decision of the Constitutional Court no. 871 of June 25, 2010
This paper takes a critical stand on the mandatory recalculation of special pensions imposed by the Law regarding some measures concerning retirement. The analysis outlines the main lines of the Romanian retirement systems, as well as some of the consequences of the above-mentioned provisions on special pensions already established at the time when the new law came into force. Nevertheless, the core of the analysis is the constitutional principle of non-retroactivity of the law as regulated by article 15, paragraph 2 of the Constitution, and as interpreted in the Decision of the Constitutional Court no. 871 of June 25, 2010.

This includes the dissenting opinions expressed in that decision, as well as the highlights of the jurisprudence.

Considering that for those entitled to special pensions not only the retirement but also the right to a pension represent facta praeterita, from our point of view the challenged provisions should have been declared unconstitutional. The paper also includes an analysis of some relevant arguments that support this conclusion.

Key-words: principle of non-retroactivity of the law, social security, retirement, the right to pension, facta praeterita, establishment and payment of pensions.
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