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Romania / Constitutional Court / 187D/2011

Flaviu Ciopec

Policy area:
Employment and social policy
Deciding Body type:
National Court/Tribunal
Deciding Body:
Romania / The Romanian Constitutional Court
Type:
Decision
Decision date:
16/02/2012

Key facts of the case:

The applicant criticised the provisions of art. 257, par. (3) of Law no. 95/2006 on the healthcare reform, in reference to art. 257, par. (2), point (f) of the same law, which stated that contributions to the national health insurance fund must be deducted from any type of regular income; if a person had several regular sources of income, than he/she was to pay contributions for each one of them. However, persons who obtained income from intellectual property rights, interests, rents or other taxable income were exempted from the contribution if they obtained regular income from another source were the contributions to be deducted from. The applicant considered that the mentioned provisions are not in compliance with art. 4 of the Romanian Constitution on the Unity of People and Equality among citizens, art. 16 on the Equality of Rights, and art. 56 on the Financial Contributions referring to the fair distribution of tax duties, therefore all these articles of the Romanian Constitution being discriminatory. The author also claimed that the aforementioned provisions are in violation with art. 21 on Non-Discrimination of the Charter, art. 1 on the General prohibition of Discrimination of Protocol 12 of the ECHR and also art. 2 of the Council Directive 2000/78/EC of the 27th of November 2000 establishing a general framework for equal treatment in employment and occupation and also art. 2 of the Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. The author claims that within the criticized provisions, there is no absolute rule used for calculating the contribution of the entire income of one person, but only the rule to contribute, a fact confirmed – in light of the exception of unconstitutionality – by the exceptions underlying in the articles that are invoked as unconstitutional by the author.