Constitutional judges’ reasoning against declaring special pensions repeal
The Constitutional Court has released the reasoning of its previous ruling on declaring the special pensions repeal as unconstitutional, arguing that the pensions “do not represent a privilege”, warning the Parliament that any other potential action to repeal the special pensions will have a similar fate.
The constitutional judges have also said that the law on cancelling special pensions for certain categories had been adopted without any base or previous documentation, research or impact study and it had been a reaction of “repealing” certain legal provisions allegedly meant to create “a negative feeling”.
CCR added that repealing the provisions regarding the magistrates’ pensions scheme in work “is violating the constitutional provisions enshrining the independence of judiciary”.
Last month CCR declared admissible the Ombudsman’s and High Court’s referrals against the law on repealing special pensions for all categories of public employees, except for the ones in the Army and Police.
The Chamber of Deputies passed the draft law on repealing special pensions, including the ones for magistrates early this year.
The draft has stirred the discontent of the magistrates, while many courts and prosecutor’s offices in the country suspended their activity in protest.