Tudorel Toader defends the head of the SCM, who said that a pension of 11,000 lei seems small: “The president said very correctly not to compare the apples with pears”
Tudorel Toader, former Minister of Justice and former CCR judge, said at Digi24 that politicians made the pensions and salaries of magistrates a topic of election campaign, claiming that the budget balancing cannot be achieved by reducing the pensions of magistrates. He said that the principle of equality before the law cannot be invoked in terms of salaries and pensions of magistrates.
The former minister said that the interview of the president of the SCM, in which Elena Costache said that a pension of 11,000 lei for a magistrate seems small, “put gas on fire” regarding the dispute related to the rights of the magistrates. But Tudorel Toader believes that the subject is exploited by politicians.
“The state budget is not balanced by reducing the pensions of the magistrates”
“I can say with all the conviction that politicians have made an election campaign subject regarding pensions, salaries and retirement age of the magistrates. The state budget is not balanced by reducing the pensions of the magistrates. The budget should be balanced by stopping the generalized robbery from above,” said the former minister.
“Where are the isolates that the state gave thousands of euros each? Where are the vaccine vials? (…) The state was weakened by adopting laws with dedication, laws that followed and solved many interests,” continued Tudorel Toader.
Referring again to Elena Costache's interview, Toader claimed that the principle of equality before the law should be applied in a nuanced way. “The lady president said very correctly not to compare apples with pears. He said that the principle of equality before the law does not mean uniformity. Equality is for those who are part of the same socio-professional category,” says Tudorel Toader.
The head of the Superior Council of Magistracy: A pension of 11,000 lei seems small / “From all points of view, we are unique”
At the observation that the reform of the pension system is an objective provided in the PNRR, Toader replied: “You cannot foresee objectives that violate the Constitution.”
Toader: Age of retirement is not a constitutional standard
Invoking the period in which he was a judge of the Constitutional Court, Tudorel Toader mentioned that the CCR jurisprudence refers to the amount of pensions, not to the retirement age, which could be modified.
“The retirement age is not a constitutional standard, it does not write that the magistrates have to retire at the age of 48 or 50. Here is clear. The Court has referred to the amount of pensions that he said must be as close as possible,” Toader explained.
About the proposals for reform of the system announced by Prime Minister Ilie Bolojan, Toader said that one of them violates the provisions of the Constitution. “Eliminating the indexing of pensions with the salary of those in activity creates a discrepancy and is the violation of an unconstitutional standard (…) I hope the Parliament will correct this obvious unconstitutionality,” the former minister appreciated.
On the other hand, Tudorel Toader appreciated that “absolutely unnatural” the fact that some former magistrates have the pension higher than the salary, even stating that the pensions of those who, in the last month of activity should be reviewed so that the basis of the pension is as possible.
The head of the SCM, about a pension of 11,000 lei: “It seems a little”
The President of the Superior Council of Magistracy (CSM), Elena Costache, said that a pension of 70% of the net salary of a magistrate – about 11,309 lei – is insufficient and that the independence of the magistrates depends on the money.
A teacher claims that he will teach the students the case of the catastrophic communication of the head of the SCM and speaks of “the total detachment of the social reality in which the CSM management floats”
The statements of the head of the SCM were made in an interview with Digi24. Asked if he considers 70% of the last net salary as a small amount, Elena Costache has assumed a “direct answer”.
“I should make an exact calculation, I have not done it yet. Now I will take a direct answer-yes, it seems a little and I will tell you and why it seems a little,” said Elena Costache.
The head of the SCM has revealed and what salaries receive, on average, the magistrates. “Let's see how much an average salary is. At the level of the court of appeal, net monthly: 20,000 lei, has a comma … 346; court: 17.948; court: 16.157. To apply 70% of these amounts. (Would be 11,309 lei pension – no). Under what conditions? I do nothing as a judge, ”said Costache.
Elena Costache claimed that the standard of living of the magistrates is “a normal one” and that the lack of money in court would lead to the loss of the magistrates' independence.
“To look a little at all the aspects I have presented and to think first of all what kind of justice in a democratic state. Do they want to transform justice? To be a serviced justice, a justice to whom?” Costache said.
“But are we not people? How do we live? We live outside the hemisphere? We do not live? We do not drink? Our standard of living is a normal level, it is a mean level. Independent, the company has no way to work normally, ”said the head of the SCM.
The pensions of the magistrates
Prime Minister Ilie Bolojan announced on Tuesday the proposals for the pensions of the magistrates.
Important changes include increasing the retirement age for magistrates to 65 years, increasing seniority from 25 to 35 years and limiting the pension to up to 70% of the net salary, compared to 80% of the gross salary, as it is now, said Bolojan.
“We propose the increase of the retirement age and the entry into the system of justice in a standard age of 65. Also, compared to the age that today provides for the 25 -year law, which allows the retirement to 48, we propose an increase of the age after which you can retire at 35 years. Not at 48, but at 58 years old.
