Romania Constitutional Court rules on public official candidacy rights

The Constitutional Court of Romania has unanimously ruled that provisions requiring high-ranking and management public officials to terminate their employment before running for public dignity positions are unconstitutional.

The court addressed Article 34, paragraph (3) of Law 188/1999 regarding the Statute of Public Servants. The judges determined that forcing officials to resign prior to candidacy constitutes unjustified discrimination between different categories of civil servants and discourages the exercise of the right to be elected.

According to the ruling, the requirement fails to maintain a fair balance between the public interest in administrative neutrality and individual rights. The court emphasized that the act of candidacy does not guarantee an election victory, and thus, requiring a permanent loss of employment before election results are known is a disproportionate restriction on the right to work and the right to be elected.