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President requested from Constitutional Court preventive supervision of legislative rules on reclassification of public servants

The President of the Republic requested from the Constitutional Court preventive supervision of the constitutional consistency of rulings included in new legislation concerning the reclassification of public servants.

Concerning this decision, the Presidency of the Republic publishes the following communiqué:

1. The President of the Republic requested from the Constitutional Court preventive supervision of the constitutional consistency of rulings included in Parliamentary Decree No. 177/XII, concerning the reclassification of public servants.

2. Specifically, the opinion of the Constitutional Court was requested as to the constitutional consistency of the following rulings:

a) Ruling relative to the termination of labour binding engagements, comprised in §2 of article no. 18, taken together with the provisions of §2 of article no. 4;
b) Rulings comprised in §1 of article no. 4 and in item b) of article no. 47, insofar as these render applicable the rules covering the termination of labour binding engagements of public servants who had been definitely appointed when Law no. 12-A/2008, dated 27 February, had come into force.

3. The President of the Republic requested the Constitutional Court to check the conformity of these rulings with Constitutional Law, specifically in regard to the constitutional concept of just cause for dismissal, to rights, freedom and guarantees, and to the principle of protection of confidence.

13.08.2013

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