Representatives of the judicial system and of the Government have different opinions about the law by which the retirement age of judges was increased and the formula for caluclating their pension was modified. Judges say the European experience shows that the pension of a judge should be equal to their salary, while the new law provides that the pension will be equal to 55% of the pay. According to judges, the financial stability is indispensable for an independent judicial system, IPN reports.

Recently, the Superior Council of Magistracy requested the Constitutional Court to declare unconstitutional the amendments made to the law on the status of judge, but the Court rejected the request as inadmissible. Therefore the provisions by which some of the social guarantees of judges were reduced remained in force.

“We are judges, not politicians and we do not take popular decisions. Our decisions are based strictly on the law. If we, as judges, cannot defend our rights, what kind of justice can we ensure for the citizens? There are only several persons with very high salaries and pensions in the judicial system. The financial stability is a component part of the independence of a judge. International practice shows the pension of a judge should be closer to the salary of a judge. Under the adopted amendments, the judge’s pension will represent 55% of the salary. But this amendment was covered subtly by another provision saying that a 3% bonus will be added annually. This means a judge should start work in the 12th grade to get those 80% of the salary,” the president of the Anenii Noi Court Gennady Mârza stated in the talk show “Black Box” on TV8 channel.

Minister of Labor and Social Protection Marcel Spătari said the retirement age of judges was raised due to demographic factors and the monthly pension of judges will not exceed 80% of the salary.

“We are not against the judges having a special status. The law provides that the retirement age will be increased gradually and the insurance period as a judge will be extended. The judges continue to benefit from a special status and their pension is calculated according to the old rule. What was modified last year was the retirement age. Their pension represents 55% of the average monthly salary and rises by 3% up to 80% for each year worked after retiring,” stated Marcel Spătari. 

Under the law, the retirement age of pensions as from July 1, 2021 is 50 years and six months. This will rise gradually to 63 years. Each year, the retirement age will rise by six months.