CCR ruled that public servants may run for office without terminating their employment

The Constitutional Court of Romania ruled unanimously on Tuesday that the requirement for senior public officials and public servants in management positions to terminate their employment before running for public office is unconstitutional.

CCR upheld the constitutional challenge and found that the provisions of Article 34(3) of Law 188/1999 on the Statute of Public Servants, in the form in force before Law 156/2018 came into effect, contravene the Constitution.

The constitutional judges found that the measure violates provisions concerning equality before the law, the right to be elected and the right to work. According to the Court, the rule established unjustified discrimination between categories of public servants and discouraged the exercise of the right to stand for election.

CCR also found that terminating employment is disproportionate to the aim of ensuring the neutrality of public office and does not maintain a fair balance between the public and individual interests. The Court noted that less restrictive legislative solutions were available.

The court also specified that the right to be elected represents the possibility of subsequently holding public office, not a guarantee of obtaining such office; therefore, this perspective cannot replace the right to work.