Part III

This article aims to present a critical perspective on the issue of the mandatory recalculation of special pensions as mandated by the Law on the Establishment of Certain Measures in the Field of Pensions. Essentially, the analysis discusses the general characteristics of the existing pension systems in Romania, as well as some of the effects of the provisions of the aforementioned law on special pensions already established at the time the new law took effect. However, as the title of the article indicates, the central focus of the analysis will be the constitutional principle of the non-retroactivity of the law, as interpreted in Constitutional Court Decision No. 871 of June 25, 2010, regarding the objection of unconstitutionality of the provisions of the Law on the Establishment of Certain Measures in the Field of Pensions, including through the dissenting opinion issued in that decision, while also highlighting the aspects raised in legal doctrine and case law.

Taking into account the fact that, for those whose special pensions are currently being paid, not only retirement but also the right to a pension constitutes a facta praeterita, in our view, the challenged provisions should have been ruled unconstitutional. The study also includes an analysis of relevant arguments in support of this conclusion.

Keywords: principle of non-retroactivity of the law, social security law—public law, retirement, pension entitlement, facta praeterita, determination and payment of pensions.