If the CCR proceeds with the request of the ICCJ to refer the case to the Court of Justice of the European Union (CJEU) regarding the reform of judges' pensions, a solution in this case could take two years, according to the former president of the Constitutional Court of Romania, Augustin Zegrean. He also highlighted examples from Poland and Hungary, emphasizing that the CJEU ruled in favor of judges in both situations.
"If we are faced with a new delay, it will take about two years for the delay. If the request to refer to the CJEU is accepted, they must send the file there and their file from Bucharest is suspended until the response from the CJEU comes. Practically, such a request takes about two years. Since it involves judges and a situation of national interest, they might prioritize it there," said Augustin Zegrean to Digi24, when asked if the referral to the CJEU could lead to a delay in the decision.
He brought into discussion examples from Poland and Hungary, where the CJEU supported the rights of judges in similar situations. He also mentioned that the CCR postponed the debate on this topic until February 18, when it will decide on the referral to the CJEU. Zegrean emphasized that judges can reject the request if they consider it unfounded.
The CCR judges decided on Wednesday to postpone a decision regarding the law on special pensions until February 18, so that the judges can analyze the request made by the president of the ICCJ, Lia Savonea, regarding the referral to the Court of Justice of the European Union.
The meeting on Wednesday morning was anyway under the sign of questioning: both due to Lia Savonea's request and against the backdrop of the leave request of one of the judges of the panel. In the end, Gheorghe Stan attended the meeting, but the decision was postponed anyway due to the first case.
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