The criticized article of law refers to the extension of the temporary residence in Romania for work purposes, for strangers who entered Romania for this purpose, if they prove the existence of concluding an individual labor contract, full time, which is registered in the General Register of the Employees, with a salary at least the average gross wage. The high qualified trained workers have to prove a wage which amount must be at least 4 times the average gross salary.
In analyzing the exceptions of unconstitutionality, the Court found that the normative act was adopted considering the transposition of Directive 2011/98 / EU of the European Parliament on a single application procedure for a single permit for third-country nationals to reside and have a job in the Member States and a common set of rights for third country workers residing legally in a Member State.
The Court noted that the Ordinance applies only to foreigners, so that it does not exist a comparison with the situation of Romanian citizens, these provisions being applied without discrimination to all foreign nationals who are in a position to extend their temporarily right to stay.
Moreover, the Court considers that general protection of foreign citizens and stateless persons residing in Romania means a guarantee for them to all the rights and liberties, but also the fact that they are subject to the Romanian legislation and are obliged to fulfill the same correlative obligations.
At the same time the Court held that the obligation imposed by the article of the law in question, that the foreign citizen must prove a wage at least as the average gross salary is an obligation of the foreigner and not the employer, so that the employer is not the one who has the obligation to give to the¬† foreign citizen a certain salary level, but the foreign employee is required to have revenues of some significance, so they can prove that they can provide maintenance for the time allowed to be in Romania.
As a consequence, the constitutionality exemption has been rejected by the Constitutional Court.