Dispute concerning magistrates' monetary entitlements. Moving to another seniority group. Discrimination. Lack of material jurisdiction

DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

Abstract

It is undisputed that, with the entry into force of Framework Law no. 284/2010, Law no. 285/2010 and the other successive legislative acts concerning the salaries of staff in the budgetary system, inequalities have arisen with regard to the amount of allowances received by magistrates, with differences being recorded between persons in the same situation of seniority, rank, grade.

It was argued by the applicant and by the court that the existence of discriminatory situations was recognised by the very issuance of Law no. 71/2015 and then of GEO no. 20/2016. Indeed, the adoption of these regulations was aimed at eliminating "discrepancies resulting from the failure to fully implement the provisions of Framework Law no. 284/2010" and "inequalities in terms of pay in relation to the level of education and professional activity performed", but these discrepancies and inequalities do not automatically represent discriminatory situations within the meaning of GC no. 137. /2000, but only in so far as the disadvantage of a category of employees (in the broad sense, including all categories of persons working in the budgetary sector) pursues one of the aims listed in Article 2 of the Ordinance.

The situation relied on by the applicant is the result of the application, on the date of the transition to a higher seniority group, of the legislative act in force at that time, a legislative act by which the legislature set out a different view of pay, the Constitutional

Court holding that the legal rules applicable after 1 January 2011 are constitutional and do not infringe the principle of non-discrimination.