19 February 2020 Wednesday
Decision concerning Decree-laws and Applicability of the Repealed Article 91 of the Constitution (E. 2018/122, K.2020/14)
Request for annulment of the phrase “… longer than 6 months …” stipulated in Article 7 § 1 (c) of the Decree-Law no. 399, dated 22 January 1990, on Regulation of Personnel Regime of State Economic Enterprises and Annulment of Certain Articles of the Decree-Law no. 233.
The said provision was alleged to be in breach of the principle of equality as it introduced different conditions for the civil servants employed under Law no. 657 and those employed on a contractual basis. The Court decided to annul the contested provision that no longer had a basis due to the annulment of its empowering act -in the absence of an empowering act, no decree-law can be issued- and embodied a statutory arrangement on the prohibited issues which could not be regulated through a decree-law, as it was in breach of the repealed Article 91 of the Constitution.