The Constitutional Court of Romania has decided that testing employees with a lie detector is unconstitutional, but has maintained the provisions regarding psychological testing of employees and the use of body cameras.
Raluca Ioana Draghici
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The Constitutional Court of Romania (CCR) has decided that the use of lie detectors for testing employees is unconstitutional, arguing that it does not meet the clarity and predictability requirements imposed by the Constitution. The decision was made following complaints filed by the AUR, SOS Romania, and the Young People's Party, which challenged a law regarding the optimization of public resources. CCR only accepted the objections related to the polygraph test, rejecting the other criticisms.
In contrast, the provisions regarding the psychological testing of employees and the use of body cameras were deemed constitutional. The Court emphasized that psychological testing is necessary for fulfilling job responsibilities and that the use of body cameras contributes to protecting citizens and increasing transparency.
The CCR's decision is final and obliges the Government to remove the provisions regarding the lie detector from the regulatory act. The President of the 'Solidarity' Federation within ANAF welcomed the verdict, stating that testing with a lie detector was an unprofessional idea.
In contrast, the provisions regarding the psychological testing of employees and the use of body cameras were deemed constitutional. The Court emphasized that psychological testing is necessary for fulfilling job responsibilities and that the use of body cameras contributes to protecting citizens and increasing transparency.
The CCR's decision is final and obliges the Government to remove the provisions regarding the lie detector from the regulatory act. The President of the 'Solidarity' Federation within ANAF welcomed the verdict, stating that testing with a lie detector was an unprofessional idea.
Sources
CCR interzice testarea angajaților cu detectorul de minciuni: prevederea e neconstituțională
CCR a decis că testarea angajaţilor cu detectorul de minciuni este neconstituţională, întrucât încalcă exigenţele constituţionale referitoare la claritatea şi previzibilitatea legii / Testarea psihologică şi folosirea de bodycam-uri, constituţională
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