APLICAREA PRINCIPIULUI NERETROACTIVITĂȚII LEGII CU PRIVIRE LA DREPTUL LA PENSIE ÎN PRACTICA CURȚII CONSTITUȚIONALE. EXAMEN CRITIC

This study examines the manner in which the Romanian Constitutional Court has used in its
practice the principle of non-retroactivity of the law with reference to service pensions. At the same
time, the study contains a detailed critical examination of the thesis of the constitutional contentious
court regarding the qualification of the laws amending or repealing the service pensions already in
payment as non-retroactive and, therefore, in compliance with the constitutional requirements.
On the other hand, the author of the study advances the thesis according to which any law that
modifies the formula of calculation of the service pensions in payment, including by resorting to the
extension of the contributivity rule, is retroactive and, consequently, unconstitutional. In substantiating
this statement, there are initiated a series of considerations regarding the defining elements of the right
to pension, the theories regarding the earned rights, as well as the development of a detailed analysis of
the concept of legal effects produced during the application of another law (new law).This study examines the manner in which the Romanian Constitutional Court has used in its
practice the principle of non-retroactivity of the law with reference to service pensions. At the same
time, the study contains a detailed critical examination of the thesis of the constitutional contentious
court regarding the qualification of the laws amending or repealing the service pensions already in
payment as non-retroactive and, therefore, in compliance with the constitutional requirements.
On the other hand, the author of the study advances the thesis according to which any law that
modifies the formula of calculation of the service pensions in payment, including by resorting to the
extension of the contributivity rule, is retroactive and, consequently, unconstitutional. In substantiating
this statement, there are initiated a series of considerations regarding the defining elements of the right
to pension, the theories regarding the earned rights, as well as the development of a detailed analysis of
the concept of legal effects produced during the application of another law (new law).