Considerations on Constitutional Court Decision No. 106/2014 on the Objection of Unconstitutionality of Certain Provisions of the National Education Law
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Authors:
• Luciana BEZERITA PhD Univ. Assistant, email: luciana.tomescu@gmail.com, Afiliation: “Athenaeum” University of BucharestPages:
• 336|346 -
Abstract:
Abstract:\r\n\r\n This article brings to your attention the Constitutional Court Decision\r\n\r\n 106/2014 on the objection of unconstitutionality of art. 253 (1) a) and b) of the\r\n\r\n National Education Law 1/2011.\r\n\r\n The legal provisions mentioned govern the occupancy of positions in\r\n\r\n secondary education, for qualified non-tenure teachers who attended for the past\r\n\r\n six years the national single tenure competition, have been awarded at least grade\r\n\r\n / average 7 and occupied a post / chair, only based on position durability\r\n\r\n certification and agreement of the board of the education unit concerned.\r\n\r\n Court held that legal rules under criticism are discriminatory as they\r\n\r\n allows recognition of tenure capacity in secondary education by ways other than\r\n\r\n competition, which all individuals who wish to have access to teaching positions\r\n\r\n as tenure teachers, are obliged to submit to.\r\n\r\n In regard to arguments, the Constitutional Court held that these\r\n\r\n provisions violated Art. 16 - Equality of rights, par. (1) of the Constitution and\r\n\r\n upheld the objection of unconstitutionality, in line with the case law (Court\r\n\r\n Decision 397/2013, which is similar).\r\n\r\n What is particularly noteworthy is that these unconstitutional provisions in\r\n\r\n the National Education Law were subsequently amended by GEO 16/2014, thus,\r\n\r\n according to the Act in force, teachers in the category mentioned can be\r\n\r\n distributed at public session organized by the school inspectorate, if teaching\r\n\r\n position / chair is vacant and viable, therefore by ways other than competition,\r\n\r\n fact which was already challenged within Court's case law.\r\n