The Minister of Justice explained the main provisions of the draft law on magistrates' pensions
The Minister of Justice, Radu Marinescu, explained the main provisions of the draft law on the pensions of the magistrates. According to him, the reform follows the correlation of salaries with pensions, so that during the career a magistrate is as incorruptible as possible and is not tempted by illegal acts.
Minister of Justice, Radu Marinescu. Photo: video capture
“In order for the magistrate to be a person as incorruptible as possible, during his career he must have the foreshadowing of a pension that is a bitter one. Precisely to keep them from all kinds of temptations and to make the professional act as responsible as possible. The main one is to be as close as possible between the two, salary and pension,” Marinescu said on Saturday, August 30, at the Insider Political show on Prima TV.
The minister said that the law corrects the inequity of the present, when the pension is higher than the salary: “At the moment this was the principle, it could not exceed the net salary. Only the reporting was gross, now, in the new formula is a report that is made at the last net allowance and so it will be 70 percent that is proposed by the project”, said the Minister of Justice.
The main changes
– the magistrate's pension will not be able to exceed 70% of the value of the last net salary;
– the standard retirement age is increased at 65;
– a transitional period of 10 years is provided for the application of the new rules;
“The new law applies to all those who at the time of its entry into force do not fulfill the conditions of retirement. Those who have the conditions of retirement, even if they did not request the retirement, even if they do not have a decision, but have the retirement conditions are registered on the current law. Those who do not have the retirement conditions enter the new law”, said Radu Marinescu, in the television show.
The minister explained that the transition stage and the transient norms respect the legal principle Tempus Legis Actum, protecting the rights already won by the magistrates.
Protests and controversies
The project has generated dissatisfaction in the judicial system. Judges and prosecutors from several counties sent official requests to the Government and Parliament, demanding the withdrawal of the project and the cessation of the campaign considered aggressive against the magistrates. All 16 Courts of Appeal in the country requires the project withdrawal.
Marinescu stressed that the magistrates cannot go on strike and that the decision to judge or postpone a case remains to the appreciation of each judge, to protect the independence of the judicial system.
“The magistrate is the one who, entering the courtroom, establishes what cause is postponed or judged. This is left to the judge's appreciation. For us the judge's independence is very important. We do not want to affect the independence of the judicial system because it is fundamental to the rule of law. Marinescu said.
Prime Minister Ilie Bolojan announced on Friday that the Government will adopt the package of magistrates' pensions next week and that it will take responsibility for these provisions in the Parliament. The Minister of Justice said that the law could be challenged at the Constitutional Court, with the possibility of a subsequent evaluation.
