A View on ECHR Case law for Salary Policy in Romanian Public Sector

• Author: Mihaela Tofan - Dan Lupu - Mihai Bogdan Petrisor
• Position: Professor, PhD, Alexandru Ioan Cuza University of Iasi, Romania - PhD, Faculty of Economics and Business Administration, Alexandru Ioan Cuza University of Iasi, Romania - Senior Lecturer, PhD, Alexandru Ioan Cuza University of Iasi, Romania
• Pages: 74-88

ACTA UNIVERSITATIS DANUBIUS Vol. 12, no. 1/2016

74

A View on ECHR Case law for Salary

Policy in Romanian Public Sector

Mihaela TOFAN

1

, Dan LUPU

2

, Mihai Bogdan PETRISOR

3

Abstract: As theeconomies of other countries in Western Europe, the Romania's economy went

through a very difficult period because of the international financial crisis, with GDP falling by over

18%. In the situation of no longer being able to meet its payment obligations and under the pressu res

of international financial organizations, the Romanian government opted for the radical measure of

cutting public sector wages by 25%. Faced with this unprecedented action of country administrative

power representatives, the Romanian civil servants attacked this measure in national courts and after

that, in front of the ECHR. This article presents the solutions of th e Romanian courts, the European

jurisprudence on lowering wages and its implications for public solutions Romanian legal systems.

Keywords: financial crisis; payment cutting; civil servants; European jurisprudence

1. Introduction

Although it was considered a crisis of well-developed economies, the present

global financial crises hits all the countries and the newest members of the EU

make no exception. Recent legislative measures relating to reduction of public

spending in Romania, including the temporary reduction of wages, passed through

the filter of the Constitutional Court. This situation involves, in our opinion, a

series of useful explanations in scientific terms.

1

Professor, PhD, Alexandru Ioan Cuza University of Iasi, Romania, Address: 11 Carol I Blvd.,

700506 Iasi, Romania, Tel.: +40 (232) 201000, Fax: +40 (232) 201201, E-mail: mtofan@uaic.ro.

2

PhD, Faculty of Economics and Business Administration, Alexandru Ioan Cuza University of Iasi,

Romania, Address: 11 Carol I Blvd., 700506 Iasi, Romania, Tel.: +40 (232) 201000, Fax: +40 (232)

201201, Corresponding author: danlupu20052000@yahoo.com.

3

Senior Lecturer, PhD, Alexandru Ioan Cuza University of Iasi, Romania, Address: 11 Carol I Blvd.,

700506 Iasi, Romania, Tel.: +40 (232) 201000, Fax: +40 (232) 201201, E-mail:

mihai.petrisor@uaic.ro.

AUDJ, vol. 12, no. 1/2016, pp. 74-88