Romania's Supreme Court forwards magistrates' pension-related legislation to the Constitutional Court for review
The Romanian government has submitted a draft law on magistrates' retirement and pensions to Parliament, a move that has sparked debate and opposition from various quarters. The bill, which is currently under consideration by the Constitutional Court, is one of five bills filed by the government for accelerated legislation without debate on September 1.
The draft law proposes several significant changes, including capping pensions for retired magistrates at 70% of the last net wage, a decrease from the previous 80% of the gross wage. This change has been met with criticism from the magistrates' community, who argue that it will negatively impact their retirement benefits.
The Romanian High Court (ICCJ) has referred the draft law to the Constitutional Court on September 4, expressing concerns about the lack of genuine consultation with the professional organizations (the magistrates) during the drafting process. The ICCJ also argues that the law breaches the need for predictability, as it follows a similar law passed in 2023, and generates discrepancies between the rights of different generations of magistrates.
Prime Minister Ilie Bolojan has stated that he will not remain in office if the law regarding the pensions of judges and prosecutors is overturned by the Constitutional Court. The outcome of the Constitutional Court's review of the draft law may impact Prime Minister Bolojan's continued tenure in office, as previously mentioned.
The opposition has not yet expressed support for the draft law, having filed no-confidence motions against the government on all the other four bills. The ruling coalition, however, continues to express joint support for the bills filed by the government to Parliament.
Notably, magistrates who meet retirement requirements are exempt from the provisions of the new law. This exemption has been met with mixed reactions, with some arguing that it undermines the spirit of the law, while others see it as a necessary concession to ensure a smooth transition.
The bill also eliminates provisions regarding the upward adjustment of pensions paid to retired magistrates. This move has been criticized by some as a step backwards in terms of supporting the magistrates in their retirement years.
In a different vein, Johann Saathoff, a prominent figure who has advocated for an amendment of the law on the pensions and retirement benefits of judges and public prosecutors, has proposed a milder approach than the government’s original draft law. President Nicusor Dan has also advocated for a milder version of the bill, proposing a 15-year transition period for the increase in the retirement age compared to the 10-year period in the government's draft.
The draft law on magistrates' retirement and pensions is being reported by G4media.ro, with the story generating wide interest and discussion among the public and the legal community. The fate of the bill remains uncertain, as it navigates the complex process of review and debate in the Romanian political landscape.
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