The Courts of Appeal in the country ask Nicușor Dan to return to Parliament the law on magistrates' pensions: “Romanian justice risks a systemic collapse”

The 16 courts of appeal in Romania addressed a memorandum to President Nicușor Dan asking him to request the Parliament to re-examine the law on the special pensions of magistrates, citing a danger of “systemic collapse” for the judicial system. The normative act passed the Constitutional Court on Wednesday, after five postponements.

In the memorandum addressed to Nicușor Dan, the 16 courts say that the president has an “essential” role in the law promulgation procedure, “not a purely decorative one”, and that he has “the constitutional competence to verify the law himself in relation to compliance with the requirements of expediency, of reflecting a real social, economic or political justification in the adoption of a normative act”.

The Courts of Appeal have suggested that the Magistrates' Pensions Act, as enacted, may “result in the protection of the value of the rule of law”.

“any national legislative measure that affects the statutory and material conditions of judges, including the regime of service pensions, falls within the scope of Union law to the extent that it is likely to influence their independence, as the Court of Justice has consistently ruled”, the memorandum signed by the 15 civil appeal courts and the Military Prosecutor's Court of Appeal also states.

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