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February 25, 2021

Tenure as Constitutional Court judge to matter when calculating retirement benefits

The Constitutional Court has admitted the exception raised by Mona Pivniceru, according to which tenure as CCR judge will be considered similar to tenure as court magistrate after retirement


The Constitutional Court of Romania (CCR) unanimously decided on Thursday to admit the exception raised by judge Mona Pivniceru. According to it, tenure as CCR judge will be considered similar to a court magistrate’s tenure in what concerns the special retirement benefits.

CCR has admitted the unconstitutionality exception raised for Article 82, Paragraph 2 of Law no.303/2014 concerning the statute of judges and prosecutors, exception raised by CCR judge Mona Pivniceru in a lawsuit with the Iasi County Pension Fund.

CCR judges have the same salary and all the other rights enjoyed by Supreme Court judges and it is normal for their retirement benefits to be similar, CCR President Augustin Zegrean stated on Thursday.

“CCR judges can be parties to lawsuits too, I’ve had the opportunity so many times, sometimes some sued us, now we sued ourselves, I mean some of us did. (…) Many things should be done but the legislation in general is uncorrelated. There are very many issues of lack of legislative correlation. Of course, Constitutional Court judges are magistrates too. For instance, we have the same salary as Supreme Court judges and all the other rights, that’s the law. It’s normal to have a similar pension too, isn’t it? And it’s only a question of interpretation there, not something else. Value-wise, as percentage of salary, the pension is similar to that of judges from any other court, but it’s the other problem, the fact that that law did not take the tenure here into account when calculating the retirement benefits,” Zegrean pointed out at the CCR headquarters.

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