CSM refuses opinion on magistrates' pensions bill, argues PM is not competent to initiate such a move

The Supreme Council of Magistrates (CSM) announced on Wednesday that it cannot issue an opinion on the government's legislative draft regarding the modification of the magistrates' retirement age and the pensions they are entitled to, because the prime minister is not competent to initiate such a move.In a release, the CSM indicates that the "consultation" method initiated by the government does not fit into any legal regulatory framework for the judiciary, as the prime minister is not competent to initiate such an approach. The magistrates argue that the document sent by the government does not constitute a draft law initiated and pledged to by the ministries with relevant competence.The CSM also states that the respective proposals do not represent a form of legislative initiative to have been worked out by a legislative authority, in accordance with the lawful parliamentary procedure."Under these circumstances, we point out that you do not have the legal authority to initiate such an approach, which is why this response does not constitute an advisory opinion in the meaning of the provisions of Art. 39 paragraph (3) of Law 305/2022 on the Supreme Council of Magistrates," the cited source emphasizes.The Council also notes that the regulations in force regarding the length of service pensions of judges and prosecutors are the result of a recent "substantial reform" carried out through Law 282/2023, which entered into force on January 1, 2024, which is why the executive authority should have in view the "imperative" of ensuring legislative stability, so as to prevent that recently adopted regulatory solutions - ruled as compliant by the Constitutional Court - are again put up for debate."The Supreme Council of Magistrates cannot be party to an illegal procedure for adopting a regulatory act that targets the judiciary and which, in essence, is only a simulation of consultation of the judicial authority," the response sent to the Executive reads.Prime Minister Ilie Bolojan announced on Tuesday that a legislative project is in the pipeline to increase the standard retirement age for magistrates to 65. The prime minister also proposed that the amount of a magistrate's pension be a maximum of 70% of their last net salary, not 80% of their gross pay, as now. According to him, "the actual calculation takes the gross income as a reference, so the proposal is 55% of the gross income over the last five years, but no more than 70% of the latest net salary."