Ilie Bolojan: The project regarding the reform of magistrates' pensions will be resumed “immediately” after the reasoning of the CCR decision / Explanation for the lack of the CSM's opinion

Prime Minister Ilie Bolojan declared on Thursday evening that the government he leads will resume the project regarding the reform of magistrates' pensions “as soon as the CCR will justify” the decision declaring it unconstitutional. “This bill was a bridgehead. If we don't correct this, you don't have the legitimacy to go to other areas,” the head of the Executive pointed out.

The judges of the Constitutional Court admitted, on Monday, on form the referral submitted by the High Court (ICCJ) in relation to the law on the pensions of magistrates, for which the Government pledged its responsibility in the Parliament.

“As soon as the CCR gives reasons for this decision, the procedure must be resumed immediately, respecting that deadline in such a way that we are in a position to make a law. But not just any law. Why is this aspect important? For this country to go well, so that we have more money in the budget, we cannot collect more money than the working people produce. We are the penultimate country in Europe in terms of the number of active population, engaged in the economy”, he said the prime minister, in an interview granted to Antena 3 CNN.

“We have to limit early retirements. A government that fails to pass this measure, was shouting at the sky, with salary increases in a cascade, salary rights of over 2 billion euros were won in lawsuits. The Arad-Oradea express road costs that much. To understand each other. We need a salary law that stabilizes things in this area”, added Bolojan, in his first comments made before press after the decision of the CCR.

“It is abnormal for our magistrates to retire at 48-50 years old”

“We have a budget crisis, a large deficit, but also a major crisis of confidence in the institutions, in the political world, in the judiciary. Why? Citizens' perception is that some are privileged to the detriment of the majority of citizens. This component cannot be denied that it is perceived as an unfounded privilege. Throughout Europe, magistrates retire at 65, some over, it is abnormal that here it comes out at 48-50 years old. It's an aberration. It is financially unsustainable,” said the prime minister, trying to explain why the government and the coalition in Parliament will resume the procedure for adopting the project.

“Now, for several years now, it has been as much as the last salary. In all of Europe, no pension in the judicial system exceeds 70% of the earnings of the last five years. A contributory pension means between 50% of the average of the last years, 55-58% of the average of the last years. These standards of common sense at the European level for me were a limit. I do not make fun of the citizens”, said the head of the Executive.

Why didn't he wait for the advisory opinion of the CSM

Ilie Bolojan also explained why the advisory opinion of the Superior Council of Magistracy (CSM) was no longer awaited, in the context in which this was the cause, in form, as a result of which the CCR rejected the reform project.

“Because the CCR has never before given deadlines and because we waited ten days for an advisory opinion, between the date of requesting the opinion and the date of adoption was ten days, the CCR has now set this deadline, which we will respect. But this refusal shows that at least four judges considered that the Government waited a reasonable time for an advisory opinion”, he stated.

Other explanations offered by Prime Minister Bolojan:

• “Regarding the aspect of form, five out of nine judges considered that the Government respected the prior procedure, that is to ask for an advisory opinion from the SCM. In practice up to now, the CCR has never had a decision imposing a certain waiting period for the Government. It is an advisory opinion, the CSM may not give you an opinion, or give you a favorable or unfavorable one. It is a consultation procedure.
• We communicated with the CSM, the ICCJ, the General Prosecutor's Office and sent a comparative table showing what the current law text looks like and the new text, we were given an answer that they do not pronounce until they have a draft law. The ICCJ and the General Prosecutor's Office told us they did not agree, but they responded. I started the standard procedure and through two addresses two days apart I requested the CSM's opinion on this project.
• From the date of requesting the opinion, August 22, until the end of the month when the Government assumed its responsibility, we had no response, 9-10 days. But the CSM met during this time, had a meeting, could have given an answer of any kind, convened general meetings, made public consultations.“

“Bridgehead”

During the interview, the head of the government characterized the magistrates' pension reform project as “a bridgehead”.

“If we correct this, you don't have legitimacy to go to other areas. In the Ministry of the Interior we have over 100,000 people and here the retirements are around 50 years, but we have people who stand guard, permanently. It's one thing to be in the brigade that restores order and you risk getting your head broken, there you have to benefit from an accelerated retirement and it's another to be on guard from morning to night. You can stay up to 65 de years,” he said.

“What Government that cannot correct in this area can regulate in larger systems? It is a problem that interests society, I negotiate anything, but I cannot betray this society. It is no longer bearable, neither socially nor economically”, the prime minister pointed out.

The nine judges of the Constitutional Court (CCR) admitted, on Monday, the notification of unconstitutionality of the ICCJ on the law that modifies the pension system for judges and prosecutors and for which the Bolojan Government assumed responsibility in Parliament on September 1.

The supreme court charged, among other things, that “once again, the importance of service pension in the economy of the principle of judicial independence has been ignored”.

The draft law generated harsh reactions in the judicial system and led to protests by the courts and prosecutors, by suspending the activity.

According to the project, until 2036, there are transitional rules – magistrates will be gradually added one year and six months more to their retirement age each year, that is, it will gradually increase. From 2036, the retirement age will be 65.

The project on the reform of magistrates' pensions included the following changes:

• Setting the retirement age for magistrates at the standard age in the public pension system, namely 65 years.
• In order to retire, magistrates will have to be 35 years old. Now, magistrates can retire if they have 25 years of service.
• The magistrates' pension will not be able to be higher than 70% of the last net salary received. Now, it is 80% of the last gross salary received.
• For magistrates who are currently in office: the new scaling of the increase in the retirement age for magistrates, by annually adding an additional period of 1 year and 6 months, until the year 2036.

According to the same project, magistrates will still be able to retire early, provided they have 35 years of service, but if they have not reached the age of 65, an annual penalty of “2% until they reach the standard retirement age in the public system” will be applied.

On Monday evening, after the CCR's decision, Prime Minister Ilie Bolojan announced, in a first reaction, however published online, that this reform remains “a firm objective for the Government, assumed by the entire coalition”. “The CCR did not fundamentally reject the project of this reform, the objection was exclusively procedural, so the Government can resume the approach, which is a necessity”, the head of the Executive pointed out, in a message on his Facebook page.