The High Court of Cassation and Justice has submitted to the Constitutional Court the conclusions of an independent expert report prepared by a certified accountant, which indicates that under the Bolojan Government's legislative project, magistrates' service pensions would fall below contributory pensions.
The Constitutional Court is scheduled to resume deliberations on the reform bill on Friday at 10:00. The last two sessions were boycotted by the four judges proposed by the Social Democratic Party - Cristian Deliorga, Gheorghe Stan, Bogdan Licu and Mihai Busuioc - who demanded an impact study. Court President Simina Tanasescu said such a study was not relevant.
In this context, the Supreme Court led by Lia Savonea announced on Thursday that its expert analysis shows service pensions would be lower than contributory pensions once the government's project is applied.
"The Bolojan Government cancels the service pension and seriously disregards the benefits acquired from social contributions. In the context of the previously formulated unconstitutionality complaint, an independent expert report was conducted, based on which the High Court of Cassation and Justice will submit to the Constitutional Court of Romania additional notes supporting the arguments already formulated against the law on the magistrates' service pensions, promoted by the Bolojan Government. The results of the report are clear and unequivocal: the application of the new law results in the full cancellation of the service pension," the High Court of Cassation and Justice said in a release.
According to the Supreme Court, calculations show reductions across all levels: for magistrates in courts/prosecutors' offices attached thereto - 36% less; magistrates in tribunals/prosecutors' offices attached thereto - 35% less; magistrates in courts of appeal/prosecutors' offices attached thereto - 33% less; judges of the High Court - 51% less.
"The above analysis uses as reference a magistrate who entered the profession after the law's coming into force, with a 42-year career across all jurisdiction levels and current income levels. The Supreme Court warns that the measure amounts not to reform but to a confiscation of rights, unprecedented in an EU member state. Through the note of conclusions that will be submitted to the Constitutional Court, the High Court demonstrates that the challenged law cancels the service pension - a constitutional guarantee of the independence of the judiciary; disregards the rights of magistrates acquired from contributions to the public pension system and contravenes the binding jurisprudence of the Constitutional Court, the Court of Justice of the European Union, the European Court of Human Rights, as well as the recommendations of the European Union regarding the rule of law," adds the Supreme Court.
The new bill amending the pensions of magistrates adopted by the government provides for a phased increase of the retirement age to 65 years. The amount of the pension cannot exceed 70% of the last net salary.
The bill received a negative opinion from the Superior Council of Magistrates, while judges and prosecutors demanded pensions closer to their final salary. However, Prime Minister Ilie Bolojan insisted on the 70% cap.
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