Romanian president signs law on magistrates’ status, Govt. will change it by emergency ordinance

Romania’s president Klaus Iohannis promulgated on Friday, October 12, the law on the magistrates’ status, the last of the three controversial justice laws that have determined protests by local magistrates’ association and negative reactions from the European Commission. The president had to sign the law after using all his options of challenging them. This law can have the biggest negative impact on the local justice system of all three laws, as it could block the activity of local courts and prosecutor offices, according to the President. One of the most criticized articles in this law allows judges and prosecutors to ask for early retirement, after 20 years of activity, giving them higher pensions than their current salaries. This could lead to the retirement of about a third of the prosecutors and judges in Romania, namely those who are also the most experienced, according to judge Cristian Danilet. “I reach 20 years of experience this year, so you are talking to a future retiree, and the state will pay me more to stay home than to work,” Danilet told local Digi24.ro. Although not all magistrates who are eligible to retire will do it, many may be tempted to leave the system, as there are other provisions in the new justice laws that make life harder for prosecutors and judges, such as the special section for investigating magistrate misbehavior. The Venice Commission has issued a negative preliminary opinion on the three laws and will issue its final opinion later this month. The European Commission, president Klaus Iohannis and local magistrates’ associations have requested that the legislative process on the three laws should be restarted using the recommendations of the Venice Commission. However, the ruling coalition in Romania has decided to fix some of the provisions in the new justice laws by emergency ordinance, one that will be issued on Monday, October 15. The ordinance will postpone by four years, until December 31, 2022 the enforcing of the provision that allows magistrates to opt for early retirement after 20 years of activity. However, many of the other recommendations of the Venice Commission were ignored, according to G4Media.ro. Romanian president signs law on Superior Magistracy Council’s organization editor@romania-insider.com