Romania's High Court refers magistrates' pension bill to Constitutional Court

Romania's High Court (ICCJ) decided on September 4 to refer to the Constitutional Court the draft law regulating the magistrates' retirement and pensions, a bill that prime minister Ilie Bolojan sees as critical for his staying in office.

The draft law is one of the five filed by the government to Parliamenton September 1 for accelerated legislation without debate. The opposition has already filed no-confidence motions against the government on all the other four bills, but the ruling coalition holds a robust majority and expressed joint support for the bills.

ICCJ argues that the bill is breaching the need for predictability as it follows a law with a similar content passed in 2023 and is generating discrepancies between the rights of different generations of magistrates, G4media.ro reported. It also claims that the law was not subject to a genuine consultation with the professional organisations (the magistrates).

Prime minister Ilie Bolojan, in office since June 23, reportedly declared on September 2 that he will not remain at Victoria Palace if the law regarding the pensions of judges and prosecutors is overturned by the Constitutional Court.

Notably, president Nicusor Dan has argued for a milder version of the bill, including a 15-year transition period for the increase in the retirement age to normal retirement age compared to the 10-year period envisaged by the bill as drafted by the government.

Under the bill drafted by the government, the pensions are capped at 70% of the last net wage received by the retired magistrates, compared to 80% of the gross wage previously. Other provisions regarding the upward adjustment of pensions paid to retired magistrates are eliminated as well.

Notably, the magistrates who meet the retirement requirements at this moment are exempt from the provisions of the new law drafted by the government.

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