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Content updated: 09-11-2015 09:03

The legal regulation imposing a limitation on the right of servicemen of professional military service to work in another job ruled in compliance with the Constitution


By its ruling adopted today, the Constitutional Court recognised that Paragraph 7 of Article 36 of the Law on the Organisation of the National Defence System and Military Service, insofar as it provides that professional military servicemen may not work under an employment contract or be self-employed, except in cases provided for in this law, is not in conflict with the Constitution.

In this ruling, the Constitutional Court held that, under the Constitution, the legislature, when regulating, by means of a law, the limitations on the activity of professional military servicemen, must follow the requirements related to the limitations on the activity of professional military servicemen as derived from Article 141 of the Constitution as well as from Paragraph 1 of Article 33 thereof. The Constitutional Court held that the legislature, while imposing the prohibition for professional military servicemen against employment under an employment contract or against self-employment, except in cases provided for by law, not only heeded the limitations on the activity of professional military servicemen as consolidated in and derived from the Constitution, but also properly implemented the right to establish, at its discretion, other limitations on such activity which are implied by the constitutional mission of military service, an exceptional character of the status of servicemen, a special character of this service, as well as other important circumstances related to ensuring national defence and national security, as well as ensuring the fulfilment of the international obligations undertaken by the State.

The Constitutional Court noted that, in implementing its discretion to regulate the organisation of the system of national defence as established in the Constitution, the legislature must establish the regulation on organising the national defence system, as well as on organising military service, which would ensure the protection of the constitutional values of utmost importance—the independence of the State, its territorial integrity and constitutional order—and an adequate defence of the State against a foreign armed attack.