The presidents of the Romanian courts accuse an intense campaign against them “which can affect the rule of law under the pretext of aligning with EU requirements”
Ilie Bolojan and the Superior Council of Magistracy. Collage: Ion Mateș / Hotnews. Photo: Inquam Photos
Judges ask for a dialogue between the state powers and accuse that the reform prepared by the Government on the pensions of the magistrates cannot be motivated by aligning with the EU requirements and represents a risk to the rule of law, according to a letter published on Wednesday by the SCM and signed by all the Court Presidents in Romania..
The letter comes one day after the presidents of the courts of appeal made a similar appeal in which they denounced the “aggressive campaign started against the magistrates under the pretext of the reform of the service pensions”.
“The intense campaign against the magistrates under the pretext of a new” reform “that can even affect the rule of law, cannot be justified by the alleged alignment with the EU requirements, in which, recently, Law no.282/2023 regarding the service pensions that correct certain legislative abnormalities and which regulates, currently, to the age of 60 years, And the establishment of a service pension at a percentage of 80% of the calculation base ”, states the presidents of the courts.
They demand the opening of a dialogue between the legislative, executive and judicial powers to “correct the excesses of the fiscal policies adopted in the last period, which put an excessive financial burden on the shoulders of the citizens”.
“We are aware that the tension increases, and the disappointment sometimes turns into reproach to those who apply the law. But let's not forget: the magistrates do not make the laws, they apply them,” mentioned in the letter. “Our independence ensures the protection of citizens and does not represent a privilege given to the magistrate. We are not ideals, but people between people.”
The full letter of the court presidents:
The reform prepared by the government
The project proposed by Ilie Bolojan stipulates that the retirement age will increase at 65 for magistrates, and the seniority will increase, from 25 to 35 years, from which they can retire. Also, the pension of the magistrates would be a maximum of 70% of the last net salary, compared to 80% of the gross salary, as it is now.
The number of beneficiaries of service pensions, the so -called “special pensions”, exceeds 11,637, and most – over 5,624 – are magistrates, the data centralized by the National Public Pensions (CNPP) shows. Their average service pension is 25,214 lei / gross (over 5,000 euros). The amount is more than 9 times higher than the average national pension, in the amount of about 2,800 lei.
The law that introduced the pensions of service for magistrates was adopted in 1997. At the time of adoption, the pension was designed as a guarantee of the independence of the magistrates, a mechanism meant to protect them from external influences and corruption. At that time, the salaries in the judiciary were modest. The law offered a compensation: a pension calculated according to the last salary, not contributions. The law has been politically supported as part of the Reforms Package Required for EU accession.
Subsequently, the normative act was modified several times: the calculation base included the bonuses, the possibility of early retirement, and the value of pensions increased considerably.
The presidents of the Romanian Courts of Appeal sign a public appeal in which he denounces “The aggressive campaign started against the magistrates under the pretext of the reform of the service pensions”
