The Superior Council of Magistracy (CSM) argues that the new legislative framework, following the Constitutional Court's decision on the law on special pensions for magistrates, will have serious effects on the functioning of the judicial system and will lead to departures from the system.
The Superior Council of Magistracy has taken note of the decision of the Constitutional Court of Romania regarding the conformity of the draft law on magistrates' service pensions with the Romanian Constitution, the decisions of the constitutional court being generally binding on the whole of society. This new legislative framework will have serious effects on the functioning of the judicial system. Raising the retirement age for magistrates once again and eliminating service pensions not only risks causing people to leave the judicial system, but also makes the profession of magistrate unattractive to new generations of legal professionals. The large shortage of magistrates, the number of cases registered with the courts being four times higher than the European average, and the impossibility of recruiting staff have been constantly brought to the public's attention, but ignored by the other powers in the state, the only concern expressed in this regard being that of the status of magistrates," CSM said in a press release.
CSM announces that it is "obliged" to identify optimal measures for regulating activity in order to prevent the Romanian justice system from entering into "collapse."
"In view of the direct consequences on the protection of citizens' fundamental rights and freedoms and the resolution of cases within a reasonable time frame, the Council is obliged to identify optimal measures to regulate activity in order to prevent the Romanian justice system from entering into an inevitable systemic collapse. A high-quality justice system can only be imagined if European standards are met in terms of the volume of cases and the human effort required to resolve them," CSM mentions.
On the other hand, the Council considers that a review of the regime of incompatibilities and prohibitions for magistrates is necessary.
"At the same time, the new regulation certainly requires a review of the regime of incompatibilities and prohibitions for magistrates, one of the most restrictive in the entire European Union. The elimination of service pensions transforms the status of magistrates into an apparent guarantee of their independence, which is not supported by reality. At the same time, the Council considers that it would have been essential for the Court of Justice of the European Union to analyze the new draft law's compliance with the guarantee of judicial independence, but this possibility still exists and can be exploited in individual cases brought before the courts," CSM adds.
On Wednesday, Romania's Constitutional Court rejected the High Court of Cassation and Justice's referral regarding the Bolojan government's new draft law on reforming magistrates' pensions and ruled that the legislation is constitutional.
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