The pensions of the magistrates “respect” the constitutional aspects, says Bolojan. How to answer the question about resignation where CCR decides something else

Prime Minister Ilie Bolojan believes that the provisions of the package of reforms concerning the pensions of the magistrates respect the aspects related to constitutionality.

Asked on Monday night, in an interview with TVR, if he will resign if the judges from the RCC will declare the respective law unconstitutional, Bolojan replied: “Let's see what the Constitutional Court will decide.”

“I believe that this project respects the aspects related to constitutionality, because we have tried to take into account all the decisions that the Court made in the previous period and to wait for this decision,” said the head of the Government, quoted by Agerpres.

The prime minister emphasized the need for legitimacy of an executive that can adopt decisions “which means corrections in other sectors”.

“This process also brings a dose of equity and normality in relation to other employees in Romania, with other people who retire under normal conditions and at a level of pensions that is much lower than what is happening in the magistracy area,” Bolojan said.

Also, the Prime Minister appreciated that the respect of the initial plan is essential.

What Ilie Bolojan says about the changes concerning the magistrates:

• “It seemed to me that it is very correct and honest towards the citizens of Romania, the coalition partners as when you take a very important responsibility under difficult conditions, based on a plan, to respect this plan and to do everything for you, as to meet the necessary conditions, not to go on a post.
• In the conditions in which these conditions are not fulfilled (…) to stay on that position means to deceive your shareholders, in the case of the private company or the citizens, in the case of a position you own in a larger or smaller community.
• Considering that the procedure for assuming the liability was carried out and that from the Parliament no parliamentarian made such a proposal that extends this period, we took note of the proposals that were made that did not practically influence the draft law and the project as it was assumed by the Government, not being submitted to this project, as it is for this project.“

Government amendments to Special Pension System

The government has assumed responsibility in the Parliament for the law that changes the retirement conditions in the case of magistrates, one of the five laws adopted by this procedure.

The draft law has generated harsh reactions in the judicial system and led to the triggering of protests by the courts and prosecutor's offices, by suspending the activity.

By 2036, there are transient norms – the magistrates will be added, gradually, every year, one year and six more months at the retirement age, ie it will increase gradually. From 2036, the retirement age will be at 65.

The project on magistrate's pensions changes includes the following changes:

• Establishing the retirement age for magistrates at the standard age of the public pension system, respectively 65 years.
• To retire the magistrates will have to be 35 years old. Now, magistrates can retire if they are 25 years old.
• The pension of the magistrates will not be able to be more than 70% of the last net salary collected. Now, it is 80% of the last gross salary collected.
• For the magistrates who are currently in office: the new staggering of the increase of the retirement age for magistrates, by adding an additional period of 1 year and 6 months, until 2036.
• Magistrates will be able to retire in advance, provided they are 35 years old, but if they are not 65 years old, an annual penalty “2% until the standard retirement age in the public system” will be applied.

If the project passes the Constitutional Court, it will enter into force from October 1, 2025.

The High Court of Cassation and Justice (ICCJ) decided, last Thursday, to notify the RCC about this law.

The notification made by the ICCJ judges regarding the unconstitutionality of the law that amends the special pension system for judges and prosecutors and for which the Bolojan Government has assumed responsibility in the Parliament, is to be debated by the RCC on September 24, according to an announcement of the Court.