Transfer to old-age pension from invalidity pension. Applying the correction index. Review of rights. The principle of legal security

DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

Abstract

The Court cannot, for the period prior to 10 February 2020, which is the subject-matter of the case, interpret the phrase 'initial enrolment for pension' which has already been found, with general binding effect, to be unconstitutional. By doing so, the court would be prolonging the effects of a rule found to be unconstitutional, with the consequence that it would be applied in ongoing proceedings, which would lead to a breach of Article 147 para. 4 of the Constitution, which enshrines the immediate and generally binding effect of Constitutional Court decisions.