CCR: Law on magistrates' pensions ruled unconstitutional

The Constitutional Court of Romania (CCR) on Monday upheld the referral submitted by the High Court of Cassation and Justice concerning the law on magistrate' pensions, for which the Government assumed responsibility in Parliament, and ruled that the legislation is unconstitutional, CCR officials said. The vote was 5:4 in favor of admitting the High Court’s referral. The law declared unconstitutional by the CCR stipulates that the pension of magistrates cannot be higher than 70% of the last net salary received, compared to 80% of the last gross salary received, as it is now. The normative act also stipulated setting the retirement age for magistrates at the standard age in the public pension system, namely 65 years. Now, magistrates can retire if they have 25 years of seniority, while in the Bolojan law the provision was that in order to retire, magistrates must have 35 years of seniority. Earlier, in early September, the Joint Sections of the High Court of Cassation and Justice (ICCJ) decided to refer the matter to the Constitutional Court regarding the law on magistrates' special-service pensions."By their vote, the Supreme Court judges send a clear 'no' to any attempt to weaken the independence of the judiciary and the constitutional status of the magistracy. Judicial independence cannot be negotiated or relativised based on temporary arguments. It is a fundamental condition of democracy and the rule of law," the ICCJ stated in a release.According to the court, the law violates no fewer than 37 binding decisions of the Constitutional Court and numerous fundamental principles of the rule of law."The main grounds for unconstitutionality concern breaches of the rule of law, judicial independence, legal certainty, legality and non-retroactivity of the law, legitimate trust, the creation of unjustified discrimination, failure to observe mandatory legal obligations such as requesting the binding opinion of the Superior Council of Magistracy on the final form of the law, disregard for substantive constitutional provisions on the conditions under which the Government can assume responsibility, as well as numerous binding Constitutional Court decisions and legislative technique norms," the Supreme Court shows.Prime Minister Ilie Bolojan stated in September, during the joint plenary session of Parliament on assuming responsibility for the second package of fiscal reforms that Romanian magistrates retire at 48-49 years, with an average pension exceeding 24,000 lei. Some pensions reach 35,000-40,000 lei, particularly for magistrates who have held leadership positions."With the reform we propose, there will be a ten-year transitional period, after which magistrates will retire at 65, the standard retirement age in Romania. The required length of service for retirement will increase from 25 to 35 years, as is the case for other citizens. Until now, the pension amount was 100% of the last net salary; we have capped this at 70% of last month's net income. Even with this reduction, magistrates' pensions remain considerable. It is difficult for anyone to argue that an average pension of 14,000-15,000 lei does not ensure the independence and respect a magistrate requires under international norms or the Constitution," the prime minister said.     The reform of magistrates' pensions remains a priority, declared President Nicusor Dan on Monday, after the Constitutional Court of Romania admitted the complaint filed by the High Court of Cassation of Justice regarding the law on magistrates' pensions, for which the Government assumed responsibility in Parliament, and established that the normative act is unconstitutional."This is not a position against magistrates, but the correction of an abnormal provision - the pension equal to the salary - that the political class regulated defectively a few years ago. All parties in the coalition have assumed the reform of magistrates' pensions. Immediately after the publication of the Constitutional Court's Decision, a new legislative text will be drafted, which will take into account today's decision, through which magistrates' pensions will be corrected in a fair way for society", the head of state wrote on his Facebook page.