An extraordinary government meeting to approve the project on magistrates’ pensions would take place on Friday, after the opinion of the Superior Council of Magistracy (CSM) – a negative one – will be formally communicated to the Executive.
“The opinion of the CSM regarding the magistrates’ pensions has been issued, but, from what we know so far, it will be officially communicated to the Government on Friday. Therefore, the extraordinary meeting of the government to adopt this project and to practically start the entire procedure of engaging the Government’s responsibility cannot take place without this formalized opinion, already issued, but informalized. Therefore, most likely, the extraordinary meeting of the government will take place somewhere around noon, the time has not been precisely determined. Until then, there will be an opinion of the Legislative Council regarding this projectt”, explained, on Thursday, the spokesperson of the Executive, Ioana Dogioiu.
The CSM has approved negatively the project regarding magistrates’ pensions
We remind you that on Thursday, November 27, the CSM plenary approved the draft law for the amendment and completion of some normative acts in the field of service pensions.
The new draft law on the service pensions of magistrates was put in the decision-making transparency procedure last week, and the CSM had 30 days to give an advisory opinion.
According to the new project, the amount of the magistrates’ pension will be 55% of the average gross allowances of those in the system over the last 5 years, but no more than 70% of the last net allowance. Also, the transition period to the retirement age of 65 will be 15 years, calculated from January 1, 2026. CSM representatives are asking for 65 percent of the gross salary, about 85 percent of the net income, as well as a longer transition.
Romania has until November 28, 2025 to adopt the new law on the service pensions of magistrates — that is, to fulfill the “milestone” provided for in the PNRR. If the reform is not adopted by the deadline, Romania risks losing approximately 231 million euros of funding related to the PNRR.
“You should ask yourself if you want to be tried by a 65-year-old judge”
Claudiu Sandu, vice-president of the CSM, explained after the meeting the reasons for the rejection of the Government’s project regarding the special pensions of magistrates.
“Magistrates are citizens, like everyone else, they have never had a problem with retirement at 65, although you should ask yourself, as a citizen, if you want to be judged by a 65-year-old judge. And with the statement you made, related to cutting the pension by 30%, it is something that escapes me, because we have, in fact, the main problem: this unfairness that is established by law. Compared to the previous pensioners, there will probably be three types of pensioners in the judiciary: pensioners of the Dragnea era, with a pension higher than the salary by 20-25%, pensioners from 2023, with a salary of 100% of the net and the following ones who will work until the age of 65 and will have the pension at half 130% of the net, which is thousands of pensions in payment at the moment, is a halving“, stated the vice-president of the CSM.
He stated that the magistrates will submit a bill themselves.
“At this moment there are discussions around a draft law, within the limits of our constitutional competence. What I also want to tell you is that, following the consultations we had with colleagues in the country, both the prosecutors and the judges recommended this negative approval of the draft law, so that we too, being an elected and not appointed body, somehow owe it to our colleagues to respect their will”. Claudiu Sandu also said.
