The former president of the Constitutional Court, Augustin Zegrean, believes that anyone affected by the excessive taxation of part-time contracts can appeal to the court.

He said on B1 TV that the ruling is a violation of freedom of labor and that it is not normal for a person who works for two hours to pay the same taxes as another person who works for eight hours, News.ro reported.

Augustin Zegrean explained that it is not the People’s Advocate who should inform the Constitutional Court about the ruling on excessive taxation of part-time contracts, but any person who is subject to its provisions.

“The People’s Advocate is not the only one who can appeal to the court with an unconstitutional resolution. Any citizen affected by the resolution can apply to justice for the protection of his legal rights and interests, and even applying to the Constitutional Court with such an application is a special procedure.

First, he applies to the administrative court, requests the cancellation of the decision by the administrative court and, as part of this procedure, he can also apply to the Constitutional Court. This method was used several times in Romania, and sometimes it was even successful,” Zegrean noted.

The former head of the Constitutional Court of Romania stated that there is an article in the Constitution that deals with fiscal obligations.

“Regarding this taxation of part-time contracts, there is Article 56 in the Constitution, which says that the legislation must ensure a fair settlement of the tax burden, therefore, where it is about the tax obligations of citizens, there is a clause that talks about a fair settlement of the fiscal burden, or I do not think that a man who works for, say, two hours can be made to pay the same taxes and duties as a man who works for eight hours.

Of course, fees and taxes are calculated on the income received, not on the duration of work. It cannot be said that if you work two hours for one employer and two for another, then each must pay in full, as if you worked eight hours, it is impossible.

It is wrong and of course it will not be applied in this way, I don’t think it will stay that way because, however, Justice works in Romania. I think he won’t even have to go to court, I think they’ll understand that you can’t do something like that,” Zegrean added.

Augustin Zegrean also said that the Constitution defines that we have the right to work, we have no obligation.

“If we are still talking about work, we have an article on fundamental rights in the Constitution, there is article 41 (…). We are not obliged to work, we only have the right (…).

We have a right to work, and this article says that no one can be prevented from choosing the work he wants, so if a person wants to work for two employers, for four or for 10, that’s his problem. This is a violation of the freedom of labor, the article that regulates the freedom of labor.

The state is not obliged to provide you with a job, the Romanian state did not dare to undertake such an obligation through the Constitution, because it is difficult in today’s conditions, when there are so many unemployed, but the freedom of work cannot be limited either”, Augustin Zegrean also stated .