Ciolacu, about the negative opinion of the SCM on the new project regarding the special pensions of the magistrates: “It was expected”

Prime Minister Marcel Ciolacu said on Wednesday, before the Government meeting, that the draft law on the pensions of the magistrates will pass the Parliament, following the negative opinion of the Superior Council of Magistracy (CSM).

“It was expected,” the prime minister said, before the government meeting, when he was asked about the negative opinion given by the SCM, who had previously transmitted that “the modification of the legislation produces uncertainty in the system”. “What did you think that it gives a positive opinion?”, The prime minister continued, who said that the law will pass by Parliament.

Asked if it is expected that, later, the law will be declared unconstitutional, Ciolacu replied: “I do not believe. It is not over -taxation, but the retirement age,” said the prime minister.

What the draft law provides for

Initiated by the leaders of the ruling coalition, the project on the pensions of the magistrates provides that, “starting January 1, 2026, the judges, the prosecutors, the judges of the Constitutional Court, the assistant magistrates from the High Court of Cassation and Justice and from the RCC, as well as the specialized personnel, can be retired, if at least 25 years made only in these functions, as well as the condition of at least 48 years ”.

At the moment, prosecutors and judges can retire regardless of age, if they are 25 years old.

CSM dissatisfaction

In a press release broadcast on Tuesday, CSM explained why it gave negative opinion to this project. Law 282/2023 which entered into force from January 1, 2024 is invoked and which modified the pension conditions for magistrates.

Thus, the SCM argues that a new law, only one year after the previous normative act affects the stability of the normative framework and the functioning of the judicial system, mainly by affecting human resources, both quantitatively and qualitatively.

The council invokes the period 2021-2023 when a massive retirement of the magistrates took place (approximately 1,000 retired judges from approximately 4,000 functions, respectively about 560 retired prosecutors from approximately 2,250 functions), in the context of a similar legislative instability related to the status of magistrates.

The SCM argues that the magistrates who currently meet the retirement conditions will leave the system, if the draft law is adopted.

“Currently, 75.45% of the judges of the supreme court meet the conditions of retirement, and at the level of the courts this percentage is 23.92%. To them are added 11.61% of the judges in the courts and 3.3% of the judges operating within the courts. At the same time, at the same time, 17.26% of the prosecutors, retirement, while at the level of the prosecutor's offices next to the courts of appeal, this percentage is 19.81%, in the prosecutor's offices next to the courts – 11.27%, and in the prosecutor's offices attached to the judges – 3.71%”, it is said in the CSM statement, which states that the percentages will continue until the end of the year.

A new law would violate the principle of legal security and create discrimination between generations of magistrates, which will have three different retirement regimes, says CSM.

“The SCM adds that the reduction of the amount of the pension to 65% of the revenues made in the last 48 months of activity, compared to 80% as it is, is obviously contrary to the jurisprudence of the Constitutional Court, which has constantly stated that the legislator is wanted to respect the principle of the independence of justice, in terms of the financial security of the magistrates, which imposes on the magistrates, During the period when he was in activity ”, the source said.

The government, trapped between Brussels and CCR

The European Commission has blocked a payment of 230 million euros through the PNRR, as the authorities in Bucharest did not fulfill the 215 milestone from the special pensions reform.

Prime Minister Marcel Ciolacu stated in March 2025, on Antena 3, that the government has two or three variants that can remedy the problem of expenses with special pensions.

In motivating the decision of unconstitutionality of the progressive taxation of special pensions, from December last year, the Constitutional Court claimed that the normative act “creates the premises for the payment to be permanently discussed and to be subjected to annual recalculation”. Consequently, the tax rate of 10% will be applied to each source in each category of taxable income.

• “Essentially, the Court found that, regarding the way of calculating the tax that is based on the contributory and on the non -ributive side of pensions, as well as two variable indicators [câştigul mediu salarial brut şi câştigul mediu salarial net]the text does not specify which is in concrete the way of calculating the contributory part, respectively the period at which the contributory part of the income from pensions is reported, which determines the violation of the provisions of art.1 paragraph (5) of the Constitution ”, the RCC transmitted on December 19, 2024.

According to the quoted document, the Court held that “the reporting of the same variable indicators is maintained in the case of pensions that have only non -state component, respectively military pensions”.

• “Since the indicators used in the calculation formula are not constant, and their value is established annually, with the adoption of the law of the state social insurance budget for that year, the criticized law creates the premises so that the pension is permanently discussed and to be subject to an annual recalculation, by reference to each new level and of the average level which violates the provisions of art.1 paragraph (3) and (5), as well as of art.15 paragraph (2) of the fundamental law ”, the RCC also sent.