Former judge Augustin Zegrean, about the chances of the reform of the special pensions: “All the previous tests failed at the CCR”
Augustin Zegrean, former CCR judge, points out that the decision of the Constitutional Court could repeat the past scenarios and criticize the lack of tact of the government and the reactions of Prime Minister Ilie Bolojan.
Augustin Zegrean, former CCR judge. Photo: Inquam/Octav Ganea
The reform of the special pensions for magistrates, adopted by the Government by assuming the liability in the Parliament and challenged at the Constitutional Court, could be rejected, the former CCR judge Augustin Zegrean considers.
He mentioned, in an intervention at Digi24, that there have already been several attempts to modify the legislation in this field, and all were declared unconstitutional.
“I do not know what the RCC will decide, but I can tell you something about Wednesday. The Constitution of Romania says that the Court's decisions are generally mandatory from the date of entry into the Official Gazette. They are also obliged for the Court's judges regarding the pensions of the magistrates. There are three decisions from the last years in which the court has been tried; brought to another draft law ”, explained Augustin Zegrean.
Asked if the project could be modified to pass the constitutionality test, he replied that such an approach requires a lot of tact, which is lacking in the Bolojan Government.
“It can be walked, but with tact. In the last five years, three times the status of judges has changed. It is difficult for them to go to work and to think that tomorrow it will not be cut. pension or the retirement age is changed. It was necessary to end this story“He said.
In this context, the former judge harshly criticized the way the government addressed this topic, accusing the lack of dialogue with the magistrates.
“Not even discussed with them, it was not discussed with the magistrates. In Romania the three functions of the state are exercised by the Parliament, by the Government and the Justice. The three powers are equal. They are not stronger. It would be normal for the institutions to collaborate. Normally it was that the law proposed to discuss with those who are addressed. emphasized Augustin Zegrean.
In addition, he believes that the threat of Prime Minister Ilie Bolojan with the resignation, if the law is rejected, is interpreted as a pressure on the court.
“It has no connection with each other. That is why the governments leave in Romania. There was no situation in which, following the CCR decision, to fall the government. It is their problem, but it is not the problem of the CCR.” If the law does not pass, I leave “it sounds like a threat to the Court”, he pointed out.
On the other side, Prime Minister Bolojan has been trying lately to clarify his position, claiming that he has never used resignation as a means of pressure.
“If you just sit on a position and the things you know should be done to go through these difficult periods you cannot do, it is not justified to stay on this post. (…) I do not use the resignation as a form of pressure, I have never done it”, said the head of the government.
We remind you that on Wednesday, September 24, the Constitutional Court is to debate the Law on the pensions of the magistrates, together with the other normative acts included in the second package of measures to reduce the budget deficit.
This is after, just a few days after the government led by Ilie Bolojan hired his responsibility, on September 1, all five measures were challenged at the CCR.
