Romania’s Govt. wraps up talks with magistrates, to sketch pension law this week

The ruling coalition will no longer negotiate with the Superior Council of Magistracy (CSM) and the High Court (ICCJ) on the magistrates’ pensions law but instead will come up with a revised version of the bill by November 18, inviting magistrates’ associations to demonstrate their loyalty by issuing the necessary consultative opinion timely, such to allow full legislation by November 28 - the deadline under the National Recovery and Resilience Plan (PNRR) for this particular measure, prime minister Ilie Bolojan said on November 14 in an interview with Europa Libera, as reported by G4media.ro.

He left the door open for adjustments to the bill, upon negotiations with the ruling coalition – which has so far backed his proposal despite diverging statements made by the Social Democrats and president Nicusor Dan.

PM Bolojan thus seems ready to go ahead with roughly the same bill as that rejected by the Constitutional Court on procedural grounds. The value of the pension, 70% of the net wage, and the transition period for increasing the retirement age (10 years) were rejected as insufficient by CSM and ICCJ.

However, even if CSM issues demonstrate loyalty and issues its opinion quickly, allowing the government to legislate the bill under an accelerated procedure in Parliament, the ICCJ can still refer it again to the Constitutional Court, a process that would delay or even prevent its promulgation.

Failure to have the bill fully legislated by November 28 (a scenario that PM Bolojan seems to prefer to accepting magistrates’ requests) would prevent the disbursement of EUR 230 million of Resilience funds (grants) – but this may be a small cost compared to prolonging indefinitely the pensions higher than wages and unusually low retirement age enjoyed by magistrates.

“I believe that what I proposed was a fair, correct, and respectful project to magistrates,” Bolojan said.

“Next week, we will resubmit the project. In the first part of the week, we will do this, so that there is a reasonable period of time, so that the CSM can give us an opinion in the form they deem appropriate. And good manners and loyal collaboration will also be seen from the term in which a response will be given to the request for an opinion on the project, so that we meet the conditions to resubmit the project in the shortest possible time, so that it becomes law," he added.

More radical views, such as calculating the magistrates’ pensions strictly based on their contributions to the social security fund, were proposed by presidential adviser, former Liberal Party (PNL) president, Ludovic Orban.