Perspectives of Law and Public Administration (Dec 2022)
Considerations Regarding the Conditions for Retaining Tenure for Teachers Who Must Retire and for Reinstatement or Continuation of Employment for Those Retired
Abstract
This study presents the conditions for maintaining the tenure of teachers who have to retire and for the reinstatement or continuation of employment of retired teachers, as they emerge from the analysis, not simple and necessarily in its entirety, of the provisions of S. 289 of Law no. 1/2011 on national education, of which only those of paragraphs (1), (3), (6) and (7) are still applicable. Especially in the light of the new form of paragraph (7) introduced by item 37 of Article I of Government Emergency Ordinance no. 117/2013 due to the fact that, as noted in its explanatory memorandum, by Constitutional Court Decision no. 397/2013, the previous form of this paragraph was declared unconstitutional. The analysis of this decision is conclusive from the perspective of the teleological method of interpretation, which together with the logical, historical, systematic and grammatical method helps us in our legal research to provide solutions; each university had/has to transpose the provisions which are difficult to interpret into a methodology approved by the university senate, providing for the other legal and procedural conditions. The study is also important from the perspective of the new draft of the higher education law which seems to omit the criticisms and conclusions of the Constitutional Court referred to above.
