Florescu: A Memorandum of Understanding Finally Before the Court

Abstract

The claimants oppose a reform of the Romanian state pension that, under certain conditions, prohibits civil servants from receiving income from both a pension and work. The provision was adopted to implement the Memorandum of Understanding of 2009 between Romania and the EU, and is criticized on the basis of the right to property and of nondiscrimination law. The Court concludes that, though it has standing to scrutinize the Memorandum, because implementation falls under the scope of the EU Charter of Fundamental Rights, the restriction to the right to property was justified and proportionate in light of the objective of rationalize public spending. In turn, the difference of treatment the claimants invoked does not fall under discrimination legislation.