Constitutional Court strikes down discriminatory provision in private pensions law

Autor: Diana Pană

Publicat: 25-11-2025 20:45

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Sursă foto: Inquam Photos / Octav Ganea

The Constitutional Court of Romania (CCR) ruled on Tuesday that the amendments to the Law on the payment of private pensions, which allow only people suffering from oncological diseases to withdraw 100% of their personal assets in a single payment introduce a discrimination that is not based on objective criteria, inform Agerpres.

By majority vote, the judges upheld the objection of unconstitutionality filed by lawmakers from the Alliance for the Unity of Romanians (AUR) and the High Court of Cassation and Justice. As a result, Article 55 paragraph (2) of the Law on the payment of private pensions was declared unconstitutional.

At the same time, the Constitutional Court of Romania (CCR), by majority vote, rejected as unfounded the objection of unconstitutionality filed by deputies from the AUR Parliamentary Group and the High Court of Cassation and Justice regarding several articles of the said Law on the payment of private pensions, ruling that the respective provisions are constitutional in relation to the criticisms raised and the law as a whole was also deemed constitutional.

"The Constitutional Court of Romania ruled that the provision limiting single payments from private or optional pension funds to a maximum of 30% of a member's personal assets does not violate constitutional rights, does not infringe on the right to private property over contributions to the pension fund and does not introduce discrimination between those who previously received full payments and those now subject to fractional payments. Also, the rule does not breach the principle of non-retroactivity of the law," the release states.

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