136 ELISABETA SLABU
is evolving, and the regulations in the legal field are changing very quickly. The
rejection of the constitutionality exception based only on the age criteria, without
taking into account, for example, the medical and psychological state of the person
concerned, may lead to the loss of a professional who can still provide added value
to the specific field.
It should be emphasized that the jurisprudence of the Constitutional Court has
met an evolution in the use of the discrimination concept, starting from the
prohibition of the discrimination and reaching the concept of the right to difference
- incompatible with the uniformity. Thus, the Court considers that "the principle of
equality implies equal treatment for all citizens in equal situations"10 but "in
different situations the treatment can only be different"11 Also, the Constitutional
Court has established that negative discrimination in Romania is prohibited, but
not the positive discrimination (on the basis of the right to differentiate), showing
that the citizens' solidarity should not be affected by the positive discrimination
but can be jeopardized by negative discrimination12.
In conclusion, the principle of equality can take two forms: that of non-
discrimination, also called strict equality, and that of the relative equality. In the
case law, art. 4 par. (2) of the Constitution is rarely mentioned, especially when the
constitutional judge wants to impose the standard of a strict equality, understood
As regards the principle of equal treatment that public authorities have to
respect in their relations with citizens, through the Decision no. 1.354/201013, the
Court accepted the exception of the unconstitutionality of the provisions of art. I
point 1 and art. II of the Government Emergency Regulation no. 62/2010, finding
that they establish an unfair, objective, rational reasoning. The Court held that "The
differentiated legal treatment applied for those who consider themselves entitled
to compensation for the non-pecuniary damage suffered through political
conviction, depending on when the court's ruling on the right to compensations
has ben defined, affects the rights of the persons who did not have a final
judgment on the application date of Government Emergency Ordinance No.
62/2010 ". Therefore, any legal provision leading to the application of an unequal
treatment regime to categories of people in the same legal situation, respectively, in
this case, that are victims of a non-democratic political regime, will lead to the
10 Decision of the Constitutional Court no. 349/2001, published in The Official Monitor of
Romania, Part I, no. 240/10 April 2002..
11 Decision of the Constitutional Court no. 92/2002, published in The Official Monitor of
Romania, Part I, no. 388/6 June 2002 and the Constitutional Court Decision no. 116/2002, published
in The Official Monitor of Romania, Part I, no. 317/14 May 2002.
12 I. Muraru, M. Constantinescu, Constitutional Court of Romania, Albatros Publishing House,
Bucharest, 1997, pp. 113-114; see also the decisions of the Constitutional Court no. 107/1995 and no.
27/1996 and Decisions no. 312/2001 and 82/2002.
13 Published in The Official Monitor of Romania, Part I, no. 761/15 November 2010.