The stakes of the RCC decision regarding the magistrate's pensions reform. An analyst: “It is a decision with a lot of political load”

From the resignation of the prime minister to the stopping of European funds, the decision of the constitutional judges on the package of fiscal-budgetary measures, especially on the project that decreases the income and increases the retirement age of the magistrates, has aroused concerns.

All projects in the two measures package have reached CCR photo Inquam Photos

Sending all the projects in the second package of fiscal-budgetary measures to the constitutional control has created tensions in the public space, especially in the context in which Prime Minister Ilie Bolojan understood that there is a chance to resign. The main factor invoked by the leaders of the coalition is the loss of the legitimacy of the government, and the most anticipated decision is the one regarding the special pensions of the magistrates.

“It is a decision, obviously, with a lot of political load, with great expectation in the media, in society, but, until another, it is a decision that is very technically complicated. It was also the first time they rejected the pensions. Now the prime minister tells us that they thought in such a way that it is harder to reject or not to be the reasons for rejection ”, explains the politicalologist George Jiglău for “Adevărul”.

The CCR postpones the decisions

The constitutional judges decided on Wednesday to postpone several notifications of unconstitutionality regarding the projects in the package 2 of fiscal-budgetary measures.

The postponement was predictable, explains the political science professor Radu Carp: “Probably the CCR, in the context of the visit of the Prime Minister in Brussels and the deficit discussion, reasoned that if a positive or negative decision would be overlapping it would be specially made in this context. ” However, the postponement keeps the suspense and “introduces an increasing uncertainty in the justice system. ”

Former CCR president Augustin Zegrean explains that such decisions to postpone the pronouncement can be taken in different cases. Either another institution for clarifications is notified, or the case is the lack of a judge. But in this case, the most likely constitutional judges considered that they did not have enough information to rule: “There were too many files for a single day, five exceptional files. It is a lot to read, it is much to be studied and sure they have not been prepared by a solution today. ”

The delays of the courts often arouse suspicions and controversies in the public space. “In the first meeting of the Supreme Court of America, they postponed the pronouncement and then the phrase>,” show Augustin Zegrean/

Does the calculation change the agreement with the European Commission on the budget deficit?

Prime Minister Ilie Bolojan announced on Wednesday an agreement with the European Commission. After the discussions with the European Commissioner in the economy, the head of the Government stated that it was agreed “A deficit with which Romania to close the year, of 8.4% of GDP ”, That is, about 159 billion lei. “If we respect the deficit target, next year we can get closer to a deficit of 6% of GDP”said the head of the Government, that is, the target at which Romania must reach to avoid potential sanctions and suspend EU funds.

However, Ion M. Ioniță, editor-in-chief of Historia, stresses that they remain “Concerns for the operation of the coalition”, Because the governing of parties that have divergent interests is not simple. However, the agreement with the Commission brings “a mouthful of oxygen“:

“But it is good that they have achieved this support for a deficit of 8.4%, because indeed, this calms things, calms the situation and is realistic. A higher decrease in this year could not appear, especially since, in reality, as all the information shows, the deficit was even greater than 9%.

So a decrease to 8.4 would mean over a percentage point. Which is very much, especially since the measures have entered into force in the second part of the year, so that practically only in the last months they make their presence felt, so it is very good that we have this agreement and the measures can be taken without pressure. But the CCR decision remains very important, because the reform regarding the pensions of the magistrates is a very delicate one and a negative decision would really affect the credibility and legitimacy of the executive ”.

It means that there is more leniency from the European Commission – Radu Carp, professor, Faculty of Political Science, University of Bucharest

“Initially it was said that the deficit will decrease below 8% this year. The fact that it has been agreed to 8.4% means that there is more leniency from the European Commission, but it is a huge deficit,” Professor Radu Carp points out.

Eight notifications of unconstitutionality were submitted to the RCC by the opposition parties, gold, can and SOS, on 4 projects in package II. The notification regarding the project that modifies the revenues and conditions in the case of retirement of the magistrates was submitted by the High Court of Cassation and Justice (JCCJ), which stated in a press release that, “By the expressed vote, the judges of the supreme court transmit an “no” to any attempt to weaken the independence of justice and the constitutional status of the magistracy. The independence of justice cannot be negotiated, nor relativized by conjunctural arguments. It is a fundamental condition of democracy and the rule of law ”.

The JCCJ accuses that the initiative violates “no less” of 37 compulsory decisions of the Constitutional Court and other fundamental principles of the rule of law. In fact, the protests of the magistrates have paralyzed the courts in Romania.