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Covid incentives for teachers. The law by which teachers receive a COVID-19 bonus VIOLATES the Constitution. Last minute decision of the Constitutional Court of Romania. The law by which teachers would get a coronavirus boost is unconstitutional. CCR warns that the law violates article 16 of the Constitution, which establishes:
Art. 16 – Equal rights
(1) Citizens are equal before the law and public authorities, without privileges and without discrimination.
Art. 16 – Equal rights
(1) Citizens are equal before the law and public authorities, without privileges and without discrimination.
The notification was sent to the Constitutional Court by PNL parliamentarians, Agerpres reports.
Covid incentives for teachers, following the model of doctors. According to the law, you could benefit from a risk incentive of 2000 lei per month for teaching staff and 1500 lei per month for auxiliary and non-teaching teaching staff. However, the law was challenged in the RCC.
GOOD NEWS FOR TEACHERS. They will receive incentives for COVID
Covid incentives for teachers. The Constitutional Court is discussing two communications from the Government on Wednesday, the first on the PSD bill provides for the monthly granting of risk incentives for teachers, worth 2,000 lei, during the state of emergency and alert, approved by Parliament and the second with respect to the rejection by the GEO Legislature of the modification of Law 173/2020 on some measures to protect national interests in economic activity. The last normative act shows that “operations related to the alienation of state holdings in national companies and companies, as well as in companies in which the State has the quality of shareholder, initiated before the entry into force of this law, will be suspended for a period of 2 years. “.
Covid incentives for teachers. The legislative proposal to provide a risk incentive for education personnel throughout the state of alert and emergency, as a result of the risk of the spread of the coronavirus COVID-19, was initiated by PSD MPs Marcel Ciolacu, Paul Stanescu, Robert Cazanciuc, Cosmin Radu Preda and Alfred Simonis and adopted by the Chamber of Deputies, decisively, on October 13.
„As of the 2020-2021 school / university year, during the state of alert / emergency established as a consequence of the epidemiological situation caused by the spread of the SARS-CoV-2 coronavirus, teaching staff, auxiliary teaching staff and non-teaching staff in education pre-university and state university, as well as the pre-university education units established in the structure of higher education institutions, benefit from a risk incentive as follows: a) for the amount of 2,000 lei per month, for teaching staff ; b) for a value of 1500 lei per month, for auxiliary teaching staff and non-teaching staff ”, according to the law approved by Parliament.
The Government motivates in the notification presented on Tuesday to the RCC that the normative act was adopted in violation of the legislation that establishes that “normative acts may not be promoted less than 180 days before the expiration of the government’s mandate, in accordance with the art. 110 par. (1) of the Romanian Constitution, reissued, leading to increased personnel or pension costs in the budget sector ”.
“In accordance with the legislative procedure, (…) the law was promoted on 09/14/2020 and adopted on 10/13/2020 and the mandate of the Government expires at the end of the legislature of the current Parliament, respectively on December 20, 2020. Consequently, the normative act was adopted within a period of 180 days until the expiration of the Government’s mandate, the provisions of Article 17 paragraph (1) of Law No. 69/2010 being violated with the consequence of non-compliance with Article 1 paragraph (5) of the Romanian Constitution “, argue the executive representatives.
The Government also alleges that “from the parliamentary procedure followed by the law for the granting of a risk incentive for educational personnel in the context of the epidemiological situation caused by the spread of the SARS-CoV-2 coronavirus, we observe that, on the one hand, in accordance with art. 111 par. 1) of the Constitution, the texts of the law that affect the provisions of the State budget were not accompanied by proof of the Government’s request for information to Parliament, a request that should have been made by the President of the Senate, nor of proof that this information was subsequently requested. , during the process of the Chamber of Deputies, and on the other hand, the initiators of the legislative proposal did not request from the Government the financial file provided for by the provisions of article 138 paragraph 5 of the Constitution and article 15 of Law 500/2002 ”.
The executive asks the CCR to verify the unconstitutionality of the law as a whole because, “from the existing data at the level of the Ministry of Public Finance, the additional impact on personnel expenses of the consolidated general budget determined by the adoption of this measure is of about 713.1 million lei per month. of 1,707.5 million lei in 2020 ”.
Thus, in accordance with the constant practice of the Constitutional Court and in relation to what is established in this law, we consider that in the absence of a financial statement at the time of the adoption of the law in accordance with article 15 subsection 3 of Law No. ° 500/2002, and in the absence of a real dialogue between the Government and Parliament, it can only be concluded that the approval of the law took into account an uncertain, generalized source of financing that lacked objectivity and effectiveness, therefore It’s not real, ”according to the cited source.
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