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Romanian Constitutional Court declares ban on senior civil servants’ candidacy unconstitutional

The Constitutional Court of Romania ruled that requiring senior civil servants to quit their jobs before running for public office violates the constitution.

Romania’s Constitutional Court, voting unanimously, found the provisions that obligate senior public officials and managerial civil servants to terminate their employment before contesting dignitary public offices unconstitutional. The judges identified article 34 paragraph 3 of Law 188/1999, drafted before Law 156/2018, as conflicting with articles 16, 37 and 41 of the Constitution because it imposes unjustified discrimination and deters the right to run for office.

They argued the measure is not proportionate to the public interest it seeks to protect and that less intrusive alternatives exist. The court also emphasized that the right to be elected does not guarantee appointment, so the rule cannot replace the right to work. This ruling eliminates the employment-termination barrier for high-level civil servants seeking elected positions.

Why it matters

The ruling expands eligibility for senior civil servants to run for elected office, reshaping Romania's political landscape.

In this story

constitutional courtunconstitutionalsenior civil servantscandidacypublic officediscriminationRomanian lawarticle 34right to work
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