The Constitutional Court of Romania (CCR) has postponed its ruling on the constitutionality of the government’s new pension reform for magistrates until February 11. The decision was made during a session held on Friday, attended by all nine CCR judges.
The referral was submitted by the High Court of Cassation and Justice (ICCJ), following the government’s latest proposal to amend the special pension system for judges and prosecutors. This comes after a previous version of the reform was declared unconstitutional in October due to the government’s failure to request an advisory opinion from the Superior Council of Magistracy (CSM) within the legally required timeframe.
The new legislative proposal, put forward by Prime Minister Ilie Bolojan’s cabinet, includes a gradual increase in the retirement age to 65 and limits service pensions to a maximum of 70% of the net salary received in the final month of activity.
Despite the revisions, the CSM issued a negative opinion on the proposal. Magistrates have strongly opposed the changes, arguing that the reform discriminates against them compared to other professional categories benefiting from service pensions, significantly reduces pension amounts, and threatens judicial independence. They also claim that the reform violates international standards established by the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR).
All 102 judges present at the ICCJ’s plenary session unanimously voted in favor of filing the constitutional complaint. In support of its position, the High Court submitted a financial expert report showing that, under the new legislation, the service pension would fall below the value of a regular contributory pension.
The ICCJ further criticized the law’s lack of financial justification, noting that the explanatory memorandum contains no data regarding the budgetary impact. According to court data, out of more than 200,000 service pension beneficiaries, 90% belong to the defense and public order sectors, while just over 10,000 come from the judiciary and other special professions. The total 2024 budget for military pensions exceeds 14 billion lei, compared to 2.2 billion lei allocated for all other service pensions, including those for magistrates.
Magistrates argue that the new law introduces ambiguous terminology, lacks legal clarity and predictability, and violates previous CCR rulings. They warn that the reform effectively abolishes service pensions, especially for future generations of judges and prosecutors.
The upcoming decision by the CCR is seen as crucial in the broader debate over the sustainability and fairness of Romania’s special pension system.
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