How the Legislative Council has abolished the Government project on the pensions of the magistrates. Major risk of unconstitutionality
The Legislative Council issued a negative opinion for the draft ordinance on special pensions in justice, criticizing the lack of CSM opinion, non -existence of studies and financial impact on the budget, as well as bypassing the Parliament for debate.
The Legislative Council headed by Florin Iordache has negatively approved the project / source: Inquam Photo
Negative opinion of 40 pages given by the Legislative Council on the Special Pension Project of the magistrates
The Legislative Council issued a negative opinion for the draft ordinance regarding the special pensions of the personnel in the justice system, criticizing the lack of fundamental elements for the foundation of the normative act and emphasizing the major risk of unconstitutionality.
In the document consulated by Adevărul, the Council claims that the project was elaborated without the CSM approval, without prior studies or research, and that there is no financial impact evaluation on the state budget. At the same time, it is noted that the Parliament was bypassed for debate, which contravenes normal legislative procedures.
The ordinance only concerns the justice staff, although the magistrates benefit from constitutional protection for the service pension
The opinion emphasizes that the ordinance concerns exclusively the staff of the justice, although the magistrates are the only professional category that benefits from constitutional protection for the service pension.
In this context, the Council considers that there is no justification for a legislative approach that only concerns the special pensions of justice, ignoring other categories of service pensions that concentrate over 90% of the budgetary efforts for their payment.
The institution criticizes the government for not bent over other special pensions and shows a major risk of unconstitutionality
The opinion emphasizes that the project concerns exclusively the staff in the justice, while other categories of service pensions, which represent over 90% of the budgetary expenses, have been ignored, with the major risk of unconstitutionality.
Basically, the Legislative Council reproaches the Government that it has not analyzed the entire system of service pensions, and the adoption of such an ordinance could generate serious negative effects on the legality and constitutionality of the normative act.
The institution also states in the document consulted by the truth that the Government should have stipulated a preliminary elimination of the impact of new regulations on the fundamental human rights and freedoms.
Through the GEO project, the government attacks the principle of justice independence in its substance
The Legislative Council warns that the draft ordinance initiated by the Government can be interpreted as an attack on the principle of justice independence, as it concerns exclusively the pensions of the personnel in the judicial system.
By limiting the measures to a single professional category and ignoring the broader context of service pensions, the project creates a dangerous precedent, undermining the autonomy of the magistracy and the special constitutional protection that the judges and prosecutors benefit from.
The negative opinion sent to the Bolojan government was signed at the end by the president of the Legislative Council, Florin Iordache.
Ilie Bolojan contradicted the institution after the adoption of the GEO regarding the special pensions of judges and prosecutors
“The project regarding the pensions of the magistrates solves 2 of the 3 major problems related to the efficiency and equity of this field, respecting the independence of justice. The first one is the retirement, which can no longer continue at 48-49 years. said Ilie Bolojan after the Government meeting.
