Reform of magistrates' pensions: Prime Minister Bolojan again pledges his responsibility in Parliament on the draft law
Ilie Bolojan / Photo: Inquam Photos / George Călin
Prime Minister Ilie Bolojan is coming to Parliament on Tuesday to pledge his responsibility for the reform that increases the retirement age of magistrates and reduces their pension for the second time, after the first attempt was rejected by the Constitutional Court.
Before reaching the Parliament, the Prime Minister convened a Government meeting in which the amendments submitted by senators and deputies for the project that brings changes to the pensions of prosecutors and judges will be analyzed.
Amendments from the opposition to change the pensions from the CCR
The only ones who proposed changes to the prime minister's project were the opposition representatives. Dumitru Coarnă and Raisa Enachi, deputies elected on the SOS Romania lists, now unaffiliated, Petrișor Peiu from AUR, Răzvan Chiriță, the leader of the POT deputies, and Raisa Enachi have submitted amendments demanding that the pensions of CCR judges be modified.
Currently, the Government's project provides that the only pensions that will not be affected by the reform are those of the judges of the Constitutional Court.
In the meeting, the Executive will analyze the amendments, but so far, the amendments submitted by the parliamentarians have been rejected.
Then, the prime minister will arrive at the Parliament, where the joint session of the Chamber of Deputies and the Senate will take place, and Ilie Bolojan will present the draft law. The meeting could take place around 16:00, after the solemn meeting dedicated to Romania's National Day.
The Government's project can be challenged at the CCR
From the moment when Bolojan undertakes his responsibility, the project can be attacked within three days at the CCR by the parliamentary groups, the High Court of Cassation and Justice, by the president Nicușor Dan or by the People's Advocate.
Prime Minister Bolojan's first attempt to increase the pensions of magistrates failed at the CCR, following a referral filed by the High Court, because the Executive did not wait 30 days for the opinion of the Superior Council of Magistracy. At that time, the judges of the Constitutional Court did not analyze the actual text of the law, but only the procedure by which it was adopted.
Now, the Government has received a negative opinion from the CSM.
CSM, negative opinion on the project that increases the retirement age of magistrates. The President of the Council says that “the rulers who created this situation did not understand to apologize” / What's next
What does the Government's project on the pensions of magistrates provide
The draft law stipulates that the pension be equal to 70% of the last net salary, as in the previous form proposed by the Bolojan Government, rejected by the Constitutional Court.
The transition period, however, increased from 10 to 15 years. Concretely, this means that in 15 years, magistrates will retire at 65.
Each year, the retirement age will increase by one year until, in 2042, prosecutors and judges retire at 65.
According to the draft law, the amount of the service pension will be 55% of the calculation base, represented by the average of the gross allowances of the last 60 months, but not more than 70% of the last net allowance received in the activity.
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.
Currently, the service pension of magistrates represents 80% of the last gross salary.
