The objection of unconstitutionality of the provisions of article 66 paragraph 2 from the Law no. 168/1999 on labor disputes
15/2006 , p44..47
Author(s):
Veronica PRIDAC
Keywords:
law, labor disputes, Romania, labour legislation
Abstract:
The Constitutional Court of Romania issued the Decision no. 516/11.10.2005 and rejected the objection of unconstitutionality of the provisions of article 66 paragraph 2 of the Law no. 168/1999 on labor disputes. The law brought in front of the Constitutional Court was only partially contested, being considered as unconstitutional – in contradiction with article no. 43 “Right to Strike” and with article no. 53 “Restriction on the Exercise of Certain Rights or Freedoms” – only the part that settles that a lawful strike in a company with continuous activity should preserve 1/3 of that company’s activity in such a way that the human life and health are not threatened and the machines are safely working. The contested law doesn’t infringe any provision of the Constitution, as it is proved by the present study. The Constitutional Court, although it didn’t explain the reasons its decision was based on, considered that the provisions of article 66 paragraph 2 of the Law no. 168/1999 on labor disputes are definitely according to the constitutional text.
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