The Foundation For The Defense Of Citizens Against State Abuses (FACIAS) considers it appropriate to promote the appeal in the interest of the law by the Attorney General of Romania, following which the Constitutional Court ruled that Law 221/2008 constitutes the legal basis for the difference in the salary rights due to teachers. Thus, the teaching staff must receive all the salary rights established by Law 221, i.e. the amounts not granted between 1 October 2008 and 21 December 2009.
From now on, for the lawsuits that are pending, as well as for the actions that will be promoted from now on, the courts will give victory to the teachers.
If the salary rights are to be deferred, this constitutes an interference of the legislative power in the judicial power, i.e. in the final act of the trial, i.e. the execution of the court decision. The sums to be paid in instalments are not subject to statutory interest or the inflation index.
A 1993 decision of the European Court of Human Rights states that "a state authority may not use lack of funds as an excuse for not executing a court decision. Therefore, a delay in the execution of a court decision could only be justified by certain circumstances".
FACIAS is opposing the Boc government's assumption of responsibility for a law that limits salary increases for teachers, i.e. the salary cap.