Justice Ministry forwards guild’s observations on Pension Law

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The Ministry of Justice referred to the Labor Ministry its observations on the pension law. “We forwarded to the Ministry of Labor our observations made in the plenary sitting of the Supreme Council of the Magistrates. We sent them a notice with observations,” Minister Catalin Predoiu declared on Friday, after the stocktaking session of the Bucharest Court of Appeal.

The magistrates are unhappy that the draft Law on the unitary public pension system excludes judges, prosecutors and auxiliary staff from the categories that collect special pensions. The magistrates also complain over the lack of predictability, legislative inconsistency, the degrading of the statute of the justice personnel while omitting that they are subject to bans and incompatibilities even after their retirement.

President of Romanian Magistrates Association (RMA), judge Mona Pivniceru, declared on February 2 that the magistrates’ highest discontent regarding the pension bill is that it saps the statute of the judge, pointing out that “anywhere in the world this includes both the professional’s activity and aspects related to the retirement, specifically the pension, which underpin his independence.’

“After retirement, the judge is subject to the same obligation of reserve no other category is subject to. We are the only judges in Europe not to collect profession-specific pensions. (…) This practically means war with the judiciary. The same happened with the Salary Law, it now goes the same with retirement. What is really aimed at is to belittle the magistrate to the condition of a public servant.

Whoever pursued a career as a judge considered it as a whole, and this also implies living a decent life after retirement. That’s how international regulations read,” said Mona Pivniceru.
She added that the European Charter on the Statute of the Judges adopted by the Council of Europe provides three elements: the pension of the judge shall be commensurate to the judge’s salary collected two months before retirement; the pension is to always rise, never decrease; the pension is automatically adjusted upwards.

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