The Constitutional Court of Romania is expected to rule today on the referral from the High Court of Cassation and Justice regarding the law on the pensions of magistrates. The CCR postponed the decision on December 10, setting a new deadline. The CCR is debating the reform project assumed by the Bolojan Government starting at 1:00 PM.
The project establishes the conditions under which magistrates can retire and the method of calculating their pensions. The law provides the following amendments in the field of magistrates' service pensions:
-establishing the retirement age for the personnel targeted by the project, referring to the standard retirement age in the public pension system; instituting the age of 49 as the minimum retirement age until December 31, 2026
-establishing the condition of at least 35 years of work experience; gradually increasing the retirement age by one year for each generation of magistrates
-introducing a reasonable number of stages for phasing in until reaching the standard retirement age in the public pension system, and after the last stage, reaching the age of 65
-the project also establishes a pension amount of 55% of the calculation base represented by the average gross monthly salaries and bonuses for which social insurance contributions were withheld, realized in the last 60 months of activity before the retirement date, limiting the net amount of the service pension to 70% of the net income in the last month of activity before the retirement date.
According to the magistrates of the supreme court, the urgency of the project has not been demonstrated or has been built on a counterfactual reality, invoking the conditionality of Milestone 215 from the PNRR, "taken out of context" and "not in accordance with reality according to the documents communicated by the European Commission", the subject not being the establishment of retirement modalities which had been assessed as fulfilled, but the initial proposal regarding the supertaxation.
Sources