CUM APLICAREA MECANICĂ A NORMEI JURIDICE APRINDE RUGUL PE CARE ESTE SACRIFICAT DREPTUL. COMENTARIU AL DECIZIEI CURȚII CONSTITUȚIONALE NR. 702/2019

This study aimed to develop a theoretical analysis configured in the matrix of a critical
examination on the rulings of the Constitutional Court of Romania contained in the Decision No
702/2019.
To this end, there were examined the conclusions promoted by the constitutional contentious
court, which applied, in support of its point of view, the principle of equal treatment, constitutional
rule, as well as of proportionality, praetorian construction, promoted by the case law, from which it
resulted that, from a legal perspective, the disabled pensioners who acquired this legal condition
based on the Law No 19/2000 will benefit from the application of the correction index regulated by
the Law No 263/2010, if at the time of the ex officio transformation of the invalidity pension into an
old-age pension the latter law was in force.