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Discussions about the retirement age of magistrates

The ruling coalition in Bucharest comes up with a new proposal for special pensions, after previous such initiatives have failed.

Photo: Facebook / Curtea Constituțională a României)
Photo: Facebook / Curtea Constituțională a României)

, 09.04.2025, 13:50

The ruling coalition in Bucharest comes up with a new proposal for special pensions, after previous such initiatives have failed.

The retirement age for magistrates in Romania will gradually increase to 65 years, and the calculation ceiling will reduce the pension to 65% of income, according to the latest amendments proposed to the Law on the Status of Judges and Prosecutors. The project, initiated by the ruling coalition PSD-PNL-UDMR, will be submitted for approval, and will be debated in Parliament in an urgent procedure. The document is in public consultation until April 15.

 

Prime Minister Marcel Ciolacu said that Romania cannot afford to lose 230 million euros from the National Recovery and Resilience Plan, which is why he submitted to Parliament, alongside the other coalition leaders, a draft amendment to the Law on Special Pensions. He added that this project aims to correct inequities among retirees, both in terms of contribution and retirement age – 65 years for all, including the ‘special’ ones. At present, prosecutors and judges can retire, regardless of age, if they have 25 years of seniority in these positions. The proposal is that, starting in 2026, judges, including those of the Constitutional Court, prosecutors, as well as legal personnel, will retire and benefit from the service pension, if they meet the cumulative condition of at least 25 years of seniority in these positions and the age, which is least 48.

 

Also next year, according to the new draft law, the retirement age for magistrates will gradually increase, by six months, annually, until 2045, when the retirement age of magistrates will reach 65 years. Another major provision is the reduction of the pension calculation ceiling from 80%, at present, to 65% of the average monthly income in the last two years before retirement. In addition, the net amount of the service pension cannot be higher than 100% of the net income in the last month of activity before the retirement date. The leaders of the ruling coalition say, in the explanatory memorandum, that Romania has assumed, under the NRRP, the reform of service pensions, so as to correct the inequities in terms of contribution and social justice between the beneficiaries of these categories of pensions and those in the public system.

 

The measures proposed now come after the rejection last December, by the Constitutional Court (CCR) of the Government’s attempt to introduce progressive taxation of the non-contributory part of special pensions. It should also be noted that, in recent years, there have been attempts to modify special pensions, but each time the Constitutional Court has prevented their implementation. The last time, in November 2023, the CCR decided to maintain special pensions, and Parliament has the power to eliminate them only for the future. The CCR judges argued that by withdrawing and eliminating these pensions, the integrity and substance of an acquired legal right would have been affected. (EE)

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