The fate of the Bolojan reform on the pensions of the magistrates and PNRR, decided on Wednesday by the CCR
The Constitutional Court is to decide on Wednesday on the law of the pensions of the magistrates, part of the Bolojan reform package. A rejection would block 231 million euros from PNRR and relaunch the dispute between the government, the High Court and Opposition on the Independence of Justice.
The Constitutional Court of Romania. Photo: Facebook
The Ilie Bolojan government has linked its political credibility to implement the reforms promised to Brussels, but the final verdict belongs to the Constitutional Court. The judges are to decide tomorrow on the law of the pensions of the magistrates, challenged by the High Court and Opposition. An eventual invalidation would paralyze the financing from the PNR and supply the political crisis.
Stake: 231 million euros from PNRR
The reform of the justice pensions is one of the key conditions for unlocking a tranche of 231 million euros from the National Plan of Redress and Resilitis. Brussels asked Romania to reduce discrepancies between special pensions and those in the public system, while maintaining the independence of the magistrates.
The government has transmitted to the European Commission that the project complies with these requirements, and any postponement would affect the payment calendar. In case of rejection, Romania should resume the legislative process and renegotiate the terms with the European Executive.
What the challenged law provides for
The reform provides for the gradual increase of the retirement age up to 65 years, with a transition period of 10 years. The condition of seniority would increase from 25 to 35 years, and the pension would be capped to 70% of the last net salary.
The magistrates could go out earlier, but with a 2% annual reduction of the amount. The measure would gradually apply, until 2036. The government claims that the reform is balanced and compatible with the case law of the Constitutional Court, being discussed with the Ministry of Justice and the Superior Council of Magistracy.
Warning of the Judge Forum: Risk of resignation for over a thousand magistrates
The Association of the Romanian Judges Forum warns that the changes proposed by the Government regarding the age and the amount of pensions could determine the immediate resignation or retirement of over one thousand judges and prosecutors.
“These changes affect the independence and legitimate confidence of the magistrates in activity, and the reactions of relevant institutions, such as the SCM, were insufficient to protect the fundamental principles of justice.”is shown in a statement.
Prime Minister Ilie Bolojan explained that the intention of the government is to uniform the retirement age in all areas. “We propose that the standard retirement age for magistrates be 65 years. At present, a magistrate can withdraw at 48, which is not sustainable”said the prime minister.
Prime Minister Bolojan recently said that, “Moral, magistrates who have partially blocked activity should receive partial salaries ”.
