Pensioners in Bulgaria can be Civil Servants, the Constitutional Court has Decided
Retirement of a civil servant can not be a reason for his dismissal. The ban on retired people to continue to work is contrary to the constitution. This is clear from a decision of the Constitutional Court (CC), which repeals the restriction imposed in the Civil Servants Act last year.
This text was attacked by President Rumen Radev and Ombudsman Maya Manolova.
According to the CC, such a restriction is contrary to the basic law, as it limits the right to work guaranteed by the constitution.
Another argument is that retired civil servants have exercised this right in good faith, but the new ban actually forces them to suffer negative consequences without committing any violation.
Moreover, the Constitution requires that the adopted laws have foreseeability, stability and security, as is not the case here.
"These features of the rule of law are not present in the case of citizens who have legitimately and good faith exercised their right to a pension in the presence of a legitimate expectation that this will not prevent them from continuing to exercise their constitutional right to work, says the written message by the CC.
According to it, the ban imposed does not protect any interest. The reasoning behind the law is only that it will give way to younger people in the administration and improve the quality of its work by using new technologies.
"The considerations which led to the adoption of the contested provision not only do not have the status of constitutional value justifying the limitation of fundamental rights but also call into question the professional qualities of that category of civil servants simply because they have exercised one of their constitutionally recognized rights" , is stated in the decision of the CC.
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