The judge who coordinated the action “Tour 2 Back” sued the supreme court for recalculating the pension of almost 6,000 euros

Judge of the Botosani Tribunal until 2022, when retired, Lăcrămioara Axinte sued the High Court of Cassation and Justice and requested the recalculation of the pension, plus penalizing interest. The stake: 1,000 lei, money by which Judge Lăcrămioara Axinte considers that she was harmed when the pension was calculated. According to the data in the file consulted by Hotnews, Judge Lăcrămioara Axinte benefits from a service pension that represents 80% of the amount 36,507 lei.

• The former judge and vice -president of the Botosani Tribunal, Lăcrămioara Axinte became known in the public space after he trained the Romanians, on a site “Tour 2 back”, how to challenge the courts in the country by which the Constitutional Court annulled the presidential elections of 2024.

Lăcrămioara Axinte was appointed as a judge on April 24, 2003, by decree signed by President Ion Iliescu. Klaus Iohannis signed his release from office, by retirement, on July 21, 2022.

Dissatisfied with the way in which the pension was calculated, the former judge Lăcrămioara Axinte has sued the High Court of Cassation and Justice (ICCJ) since May last year, but the dispute has not been resolved so far.

In the action registered in the role of the Suceava Court of Appeal, it had three distinct requests: to cancel the certificate for the revision of the service pension issued by the ICCJ in March 2024, obliging the ICCJ to issue a new certificate, respectively the ICCJ to pay the penalty interest until it “receives the correct pension”.

The judge of the Axinte Lăcrămioarea showed, in the motivation of the action, that on June 3, 2022 he fulfilled the position of vice -president of the Botosani Atrbunal and submitted to the Pension House a retirement request, but the effective release took place after more than a month.

The amount of the pension was calculated in relation to the gross income of the last month of activity, before submitting the application to the Pension House. After communicating the decision regarding the service pension, Judge Lăcrămioara Axinte made a request for release.

The Superior Council of Magistracy – The Section for Judges approved the request for retirement on July 7, 2022, when Lăcrămioara Axinte still held the position of vice -president of the Botosani Tribunal.

The decree regarding the release from the position of judge was signed by President Klaus Iohannis on July 21, 2022, seven days after Judge Axinte had expired the mandate of vice -president.

Recalculation stake: 1,000 lei

As between the date of submitting the request to the Pension House and the date of issuing the salary revenues of the judge were higher, Lăcrămioara Axinte requested the review of the pension, invoking the law that provided that the service pension is 80% “from the calculation base represented by the monthly gross employment allowance or the monthly salary, retirement ”.

“On 15.12.2023, under no. 2848, the High Court of Cassation and Justice issued a certificate for the revision of his service pension, according to the ICCJ Order no. Vice -President in this order of the JCCJ is 37,650 lei ”, said Judge Lăcrămioara Axinte in the action filed at the Suceava Court of Appeal.

The difference between the two amounts is the 7 days between the expression of the mandate of vice president and the signing of the decree by the president of the country.

Judge Axinte says that the delay of his release from office, after the expiration of the mandate, is not attributable to him, being determined exclusively by the bureaucratic route of his request, and the income indicated by the Supreme Court in the Pension Revision Certificate was not the one related to the position of vice-president, but by the judge.

“The way of calculating the pension is a definitive element acquired and consolidated, and the future benefits are made on the basis of the criteria considered when issuing the decision. In fact, the person, insofar as they opt for retirement, does it in consideration of the conditions existing and established by law at that time. As such, the legal rights earned from the act of the pension cannot Applied with retroactive effects to a definitively consolidated legal situation, as it results from the act of retirement ”, argued the judge Axinte in the action filed.

In the meeting filed at the Suceava Court of Appeal, the Supreme Court requested that the action be rejected, motivating that the service pension is calculated in relation to the amount of the amounts received in the last month before the presidential decree of release from office.

Appreciating that the certificate issued to the former magistrate for establishing the rights to the service pensions cannot be assimilated to an individual administrative act, the Suceava Court of Appeal has declined its jurisdiction and sent the file to the Botoșani Tribunal to a complete specialized in work litigation and social insurance.

Considering that new details are needed by Judge Lăcrămioara Axinte, on Tuesday, the court in Botosani postponed the trial for June 26.