Reducing the activity of a public authority during a state of emergency. Claim for compensation under special legislation

CONTENCIOS ADMINISTRATIV ŞI FISCAL

Abstract

The provision laid down in art. XI para. (1) of GEO no. 30/2020 on the payment of the indemnity from the unemployment insurance fund, derogating in this respect from art. 53 of the Labour Code , which provides for its payment from the salary fund, must be interpreted systematically, in conjunction with the legal provisions governing the implementation of the budget.

Thus, in the case of public institutions and public authorities, their budgets have been sized in advance so as to ensure the payment of salaries and allowances to their own employees, and since no cuts have been made in the staff expenditure budgets, there is no justification for providing for employees' allowances from another budget, namely the unemployment insurance budget. In this regard, in order to ensure the principle of budgetary balance, as provided for in Article 13 of Law 273/2006, "the expenditure of a budget shall be fully covered by the revenue of that budget, including the surplus of previous years".

It follows that the coverage of staff costs of the local budget cannot have as a source another budget, that of unemployment insurance, in the absence of an express provision in the field of public finance that derogates from this principle enshrined by law, especially since the budgets of administrative-territorial units are characterized by the principle of local financial autonomy (Article 16 of Law 273/2006).