Romanian Constitution Article 53 Does Not Justify Austerity Plan – Assoc

The press release says that the Government’s austerity plan contradicts the concept of national security, as it does not refer to the entire population, but only to public sector employees.

Association representatives also say that the motive of homeland security was not invoked by any of the other countries who have had to cut public sector expenditure. Other charges brought by magistrates against the Government include discrimination, as the measures do not apply to the entire population, unconstitutionality, and undermining court authority.

According to the magistrates, the 15% pension cutback violates European practice in similar situations. By lowering pension point rates, the actual pension decrease will amount to 30%, says the press release.

The press release also criticizes the fact that the Government has pledged to the International Monetary Fund that all the measures included in the letter of intent are constitutional.

The Government’s austerity plan violates basic human rights and liberties, added the magistrates.

Romanian Prime Minister Emil Boc said Wednesday that the law on reducing budget expenses is based upon article 53 of the Constitution, which refers to the temporary limitation of certain rights, in view of defending national security.

Boc added that the Government will seek a confidence vote in Parliament for two laws, one of which concerns public expenditure cutbacks achieved by reducing wages, pensions, and other social benefits.

Article 53 of Romania’s Constitution says that the exercise of certain rights or freedoms may only be restricted by law, only if necessary, as the case may be, for: the defence of national security, of public order, health, or morals, of the citizens’ rights and freedoms; conducting a criminal investigation; preventing the consequences of a natural calamity, disaster, or an extremely severe catastrophe.

Such restriction shall only be ordered if necessary in a democratic society. The measure shall be proportional to the situation having caused it, applied without discrimination, and without infringing on the existence of such right or freedom.