Romanian president seeks to broker agreement between government and magistrates

Romania's president Nicusor Dan invited magistrates' bodies and government officials to agree on November 12 on a compromise form for the magistrates' pensions law that would not be referred to the Constitutional Court (CCR) but would be legislated quickly, such as to meet the November 28 deadline set under the National Recovery and Resilience Plan (PNRR), according to Antena3.ro.

The European Commission's decision on meeting milestone 215 under PNRR, by November 28, remains problematic, as the milestone regards all the so-called "special pensions" technically defined as service pensions and functionally as those not entirely backed by recipients' contributions to the social security budget. Even so, an agreement would mark a significant breakthrough and a blueprint for similar bills in all the other segments of the special pensions, although the 10-15-year transitory period provides a subdued sense of social justice and delayed budgetary impact.

Sources consulted by Antena3.ro mentioned an increase in the transitory period for enforcing a higher retirement age, from 10 to 15 years, but no details on the maximum size of the magistrates' pension – set at 70% of the latest net wage under the bill drafted by the government and rejected by the Constitutional Court.

The president's attempt to broker an agreement between the executive and magistrates follows negotiations held with the representatives of the ruling coalition on November 11. An agreement on the 15-year transitory period was reportedly nodded by the coalition's leaders, reportedly.

Also on November 11, president Dan attempted to smooth the tensions between the executive and magistrates. In related news, he said he would not issue the necessary permit needed by the magistrates' move in court against deputy prime minister Oana Gheorghiu, while also saying that the former's remarks on the magistrates were "inappropriate."

Claudiu Sandu, vice president of the Supreme Council of Magistracy, speaking for Antena 3, confirmed that the criminal complaint against deputy prime minister Gheorghiu had been drafted and sent to the Prosecutor General's Office. Sandu also said "there are indications" that the deputy prime minister's statements on Digi24 on November 8 spread hatred in the public space towards magistrates.

In brief, Oana Gheorghiu said magistrates' disproportionate pensions (furthermore not backed by contributions to the social security budget) leave the public budget with less money for more urgent social spending, such as child allowances or hospital budgets. She compared the magistrates' pensions with a Ponzi scheme, in the sense that only a few are deriving benefits. Some independent analysts saw the rhetoric as populist, however.