A PSD leader questions the operation of the coalition, if the magistrates' pension law falls to the CCR / The question to which he has no answer
The Vice-President of the European Parliament, Victor Negrescu, photographed during the event “European media in a world dominated by artificial intelligence: challenges, opportunities and future prospects” of the European Alliance of News Agencies (EANA), in Brussels, on April 8, 2025. PHOTO: Belga / ddp USA / Profimedia
The social-democratic MEP Victor Negrescu, who is also the vice-president of the Community Legislature, declared on Tuesday that he will take all possible measures, as the rapporteur on the implementation of the Resilience Mechanism, so that Romania does not lose a single penny by not respecting the milestone regarding the magistrates' pensions, warning at the same time that an eventual decision of unconstitutionality will at least lead to the temporary suspension of the funds.
In addition, he appreciated that, if there will be a second refusal from the CCR on the law on the reform of magistrates' pensions, “it is a moment when we have to debate whether this (governance) coalition works”.
“As the rapporteur of the European Parliament regarding the implementation of the Resilience Mechanism, I will do everything I can so that Romania does not lose this money. Obviously, everything is conditioned by the ability of the Romanian Government to apply this law. The decision of the Constitutional Court will be extremely relevant and important to see whether or not we lose this money”, said Victor Negrescu, in Strasbourg, when asked about the expected decision of the CCR regarding the magistrates' pensions.
The social-democratic vice-president of the European Parliament (EP) stated that “a decision of the CCR invalidating or unconstitutionality of this law will at least lead to the suspension of these sums of money”.
“In this sense, obviously, those who drafted the law must explain what they wanted to do and support this law to the end. Here, at the European level, I want Romania not to lose any money allocated for our country”, added Negrescu, according to News.ro.
What should Bolojan do if the law does not pass the CCR
Asked if the prime minister should resign in the event that the law is declared unconstitutional, Negrescu stated: “I do not have an answer to this question. The Prime Minister of Romania, however, I noted in his public interviews, that he fully accepts this law and, regardless of the decision of the CCR, it is something that his lordship must explain.”
“The reform of special pensions was a priority for this governing coalition. If we eventually end up with a second refusal from the CCR, it is indeed a moment when we have to debate whether this coalition works and whether those who undertook this reform listened to all the voices expressed, all the opinions of specialists and respected the Constitution and the letter of the law”, added Victor Negrescu, emphasizing again that he wants the 230 million euros from the milestone PNRR not to be lost.
The decision of the Constitutional Court is expected on December 28, the Sunday between Christmas and New Year.
What does the new project on the special pensions of magistrates provide
On December 2, the Government committed its responsibility on the Draft Law for the amendment and completion of some normative acts in the field of service pensions, in the joint plenary session of the Parliament.
The new project, adopted after the first form of the law was rejected at the CCR, establishes the conditions for the retirement of magistrates and the method of calculating the pension, the project being negatively approved by the Superior Council of Magistracy (CSM).
The law provides for the following changes in the field of service pensions of magistrates:
- establishing the retirement age, for the staff targeted by the project, by reference to the standard retirement age from the public pension system; establishing the age of 49 as the minimum retirement age until December 31, 2026;
- establishing the condition of at least 35 years of service; the gradual increase of the retirement age by one year for each generation of magistrates;
- the introduction of a reasonable number of staggered stages until reaching the standard retirement age from the public pension system, and after the last stage the age of 65 will be reached;
- the phased introduction of the condition of 35 years total seniority in work, not only in the magistracy, a condition that will be introduced gradually.
The project also establishes a pension amount of 55% of the calculation base represented by the average of gross monthly employment allowances and increases for which social insurance contributions made in the last 60 months of activity before the retirement date were withheld, with the limitation of the net amount of the service pension to 70% of the net income had in the last month of activity, before the retirement date.
In addition, the provisions regarding the granting of the 1% bonus and the update of the service pension are amended, in the sense of restricting these possibilities only to people with retirement decisions or who meet the conditions for retirement before the entry into force of the law, respectively without taking into account the length of service completed after the entry into force of the law, for the granting of the 1% bonus.
