Protest of the prosecutors of the Prosecutor's Office attached to the Bucharest Court: He suspends his activity until the draft related to pensions

The prosecutors of the Prosecutor's Office attached to the Bucharest Court announced on Tuesday, August 26, that they suspend their activity “for an indefinite period”, until the project with the special pensions of the magistrates.

The General Assembly of the prosecutors met on Tuesday in order to “express a point of view regarding the draft normative act on the modification of the service pensions and to the necessary measures in order to protect the status of the magistrates and the independence of the justice”, the prosecutor's office next to the Bucharest Court, in a statement.

The prosecutors decided, unanimously, in the General Assembly, that the project of the Government “does not solve any of the social inequities”.

In addition, they accuse that the project “lacks a real stage and transient measures” and that “it is elaborated in the absence of a real foundation”.

Following the meeting, the prosecutors decided they would protest by:

• Suspension of prosecutors' criminal prosecution activity with certain exceptions
• Suspension of the supervision activity of the criminal prosecution by the prosecutor in the criminal files, except those in which the disposition of the preventive measures deprived of liberty were ordered or expected;
• Suspension of the activity of receiving the criminal files in which the criminal investigation bodies formulate proposals for completing the criminal prosecution, respectively of taking some procedural measures;
• Suspension of the activity of the prosecutors within the judicial sections regarding the participation in the trial of the cases and the formulation of the conclusions,
• Suspending the activity of solving the complaints made against the solutions of non -departure;
• Suspension of the activity of solving the requests made by the parties or other institutions.
• Suspension of any other activities related to the criminal prosecution activity (including solving the applications to extend the right of movement);
• Suspension of activity with the public and receiving in the audience.

CSM reaction

The Superior Council of Magistracy transmitted, in a statement, that they escalated “hostile public attitude towards judges and prosecutors”.

This escalation is made, according to the SCM, in particular, by:

• “The repeated positioning of the representatives of the parties that make up the ruling coalition, which, in an unqualified way, seek to blame the judicial system for the economic and budgetary difficulties that the Romanian society is currently facing and to distract from their true causes,
• The intensification of the campaign that different media institutions carry out against the judicial system in order to complete the rhetoric supported by the political factor in order to destabilize the justice system,
• The aggressive promotion, from the area of ​​the same political factor and the media that supports it, of the idea that the intention of the Prime Minister of the Romanian Government to modify the regime of service pensions of judges and prosecutors would actually seek to end some privileges of the magistrates,
• Ignoring the arguments of the representatives of the judicial system and the constant questioning of the status of judges and prosecutors, in the atmosphere of public hatred generated by the irresponsible actions of the political factor, thus creating the major risk of demoralizing the judges and prosecutors in office (…),
• The contempt that some exponents of the political factor or in the media manifest constantly towards magistrates, given that the efforts of judges and prosecutors who exercise their duties with honesty and professionalism (…) are well known.

What provides for the project that changes the pensions of the magistrates

The project stipulates that the retirement age for magistrates will be the standard one in the public pension system, ie 65 years. Magistrates who want the retirement must be at least 35 years old.

The magistrates will continue to be retired in advance, according to the project, but only after they are 35 years old. If they retire because they are old, but they do not meet the age required by law, then they will be applied an annual penalty “2% until the standard retirement age in the public system” will be applied.

According to the project, the reform on the pensions of the magistrates should be adopted until October 1, 2025 – when the bill should enter into force.