Prison police revolt: Unions notify Ombudsman, demand Constitutional Court halt salary law

Romania's prison police unions have lodged a formal complaint with the Ombudsman, challenging the caretaker government's authority to draft and promote a new salary law for public sector employees. The Federation of Trade Unions in the National Administration of Penitentiaries (FSANP) argues that a government operating in an interim capacity, following a no-confidence vote, is constitutionally barred from initiating such a significant policy reform.

The unions assert that the government's mandate is strictly limited to current administrative duties, not the creation of new public policies. They point to constitutional provisions and the administrative code, which they say clearly restrict the powers of an interim executive, especially concerning sensitive state policies like public sector salaries that affect hundreds of thousands of employees.

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The Constitution and the law are not suspended and are not violated, even if we are talking about hundreds of millions of lei from PNRR. Legality, seriousness, and honesty have no price.

FSANP disputes the Ministry of Labor's characterization of the project as a mere "technical consultation." The union claims that discussions involve actual salary grids, principles, justifications, and negotiations with other ministries and organizations. They warn that even if parliament later adopts the bill, its core substance would still originate from a government lacking the constitutional legitimacy to undertake such a salary reform.

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The Constitution does not suspend for PNRR.

Furthermore, the union rejects the argument that pressure from the EU's Recovery and Resilience Facility (PNRR) justifies the government's haste. FSANP President Cosmin Dorobanțu stated that the constitution and laws must be upheld, regardless of PNRR funding. The union also highlighted existing salary injustices within the penitentiary system, noting that current rights have been frozen for years and that a new structure is being discussed on top of these unresolved issues.

FSANP also raised concerns about potential salary instability after 2027. The proposed mechanism for setting the reference salary value annually through the state budget law creates uncertainty, as there is no guarantee it won't decrease, impacting salaries. The union believes this makes salary determination dependent on budget conjunctures rather than objective criteria. Consequently, FSANP is urging the Ombudsman to ask the Constitutional Court to clarify whether a caretaker government can indeed initiate a salary law.

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We are discussing a new salary construction over an old injustice.