The cassation instance court noted that the lower courts did not take into account the unconstitutionality of the legal norm that provided for the conclusion of fixed-term contracts with retired teachers. The court emphasized that provisions of a normative legal act that contradict the Constitution cannot be applied by the court, regardless of the moment of their recognition as unconstitutional. Additionally, the courts did not properly investigate the compliance with the dismissal procedure and the reasonableness of the refusal to extend the contract.
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