Kelemen Hunor, about magistrates' pensions: “The chance of a new appeal to the CCR is high”
The President of the UDMR, Kelemen Hunor, warns that the law on magistrates' pensions, adopted by the Government's liability, risks being attacked again at the Constitutional Court. If CCR rejects it, he says, “we will indeed have a political problem and not only that“.
UDMR President Kelemen Hunor PHOTO: Gov.ro
Kelemen Hunor told Digi24 that the Government's liability is a constitutional instrument, even if it is not the most suitable method of legislation.
“It is a constitutional instrument. From this point of view, of course, it can be discussed whether it is good or not good, but from a legal, constitutional point of view, it is ok. I don't like hiring, but there are certain moments and certain projects that they can be passed through employment, through Parliament. All governments, all coalitions have used this method. We must not exaggerate”said the UDMR leader.
He recalled that the project on the special pensions of magistrates is not new, but almost identical to the one previously rejected by the CCR, the only major change being the extension of the transition period from 10 to 15 years.
“The transition period was increased to 15 years, instead of 10 years as it was in the first draft, and we waited for the CSM's opinion, because on the procedure, the Court, last time, rejected it. But it is not a way to legislate”emphasized Kelemen Hunor.
Waiting for the CCR's reasoning and the risk of a new appeal
The UDMR leader explained that the coalition discussed whether the negotiations with the magistrates should have started before the CCR's reasoning, but the majority decided that it was necessary to wait for it.
“Of course, every day is lost when you have a deadline. I don't think that at this moment this is the biggest problem. The problem, indeed, is big if it will be attacked in the Constitutional Court and if the Court rejects it. Then we will really have a political problem and not only“, said Kelemen Hunor.
He specified that, from his point of view, the reasoning of the CCR was necessary to understand exactly why the previous project had been rejected: “If you really want to see the reasons why a project was rejected at the Court, you have to wait for the reasoning, because from there you can see what you have to do, not before“.
“When you look for a compromise, you have to let go of yourself and the other”
As for the transition period, increased to 15 years, he said it was a necessary compromise.
“From my point of view, when you're looking for a compromise, you have to let go of yourself and the other person, who sits on the other side of the table, has to agree to let go too”explained Hunor. However, it is not certain that the magistrates will accept the changes.
“On the other side, I don't know if it is accepted or not… the magistrates did not agree with 70% of the net income, I am convinced that the chance of them going to the Constitutional Court is high. Because if they did not agree last time, they attacked both the procedure and the substance, I suspect that nothing has changed from their point of view“, he declared.
According to the discussions with the representatives of the judicial system, Kelemen Hunor believes that the law will be challenged again at the CCR: “As I felt at the last discussion, I think the law will be challenged in the Constitutional Court”.
