Association of Romanian Prosecutors supports the CSM’s approach, which asked President Iohannis not to promulgate the Pay Law

The Association of Romanian Prosecutors welcomes and supports the approach made by the Superior Council of Magistracy (CSM), which asked President Klaus Iohannis not to promulgate the Frame law on the remuneration of the employees paid from public funds, in the form adopted by the Deputies’ Chamber, and to resend it to the Parliament to be revised.

“The Association of Romanian Prosecutors was informed about the approach made by the Superior Council of Magistracy to notify the President of Romania, Mr. Klaus Werner Iohannis, not to promulgate the Frame law on the remuneration of the employees paid from public funds, in the form adopted by the Deputies’ Chamber, and in the same time, to resend it to the Parliament to be revised” reads a press release published on Wednesday by the Association’s representatives.

In this context, the association welcomes and supports the initiative of the Superior Council of Magistracy, “appreciating that in the adopted form, the Parliament didn’t included a large part of the amendment proposals made by APR, by the Public ministry and by the Superior Council of magistracy, in which circumstances it is mandatory to revise the Frame law on the remuneration of the employees paid from public funds”.

The CSM plenum decided on Monday to notify President Klaus Iohannis, asking him to resend the Pay Law in Parliament to be debated, invoking the high differences between the prosecutors’ incomes and the judges’ ones. The proposal was made by the magistrates representing the district courts in CSM and by the prosecutors representing the prosecutors of the prosecution offices attached to the district courts.

CSM decided to act this way after it analyzed the incomes of the judges working in the district courts in the country, noticing that the salaries provided by the new law will be much lower than the incomes of the judges of the tribunals.

The CSM members also argued that the differences between the salaries of the prosecutors and those of the judges are significant, according to the new law.

On Thursday, Attorney General Augustin Lazar (photo) addressed letters to President Klaus Iohannis, to the ICCJ President and to the Ombudsman, to notify CCR about the Pay Law, appreciating that the salary differences between prosecutors and judges are unconstitutional, given that “prosecutors, as well as judges, have the constitutional status of the magistrate”, according to the Court’s decision.

The High Court of Cassation and Justice decided on last Friday that the requirements to notify the Constitutional Court on the Pay Law are not fulfilled.

Attorney General Augustin Lazar stated on Monday, referring to the proposals on the prosecutors’ remuneration, that “the statute of the professional independent magistrate of the prosecutor cannot be questioned” and no discrimination can be made between various categories of magistrates, mentioning that he is sure that “this problem will be clarified according to the Constitutional Court’s decisions”.

The Association of Romanian Prosecutors also notified the President of Romania, the high Court of Cassation and Justice and the Ombudsman on the unconstitutionality of the Pay Law, since adopting this law creates a difference between the prosecutors’ and the judges’ financial status. Prosecutors claim that by adopting the law in its current form, “the principles established by the constitutional regulations are breached, which can cause an important impairment of the judiciary as a whole”.

The magistrates of the Bucharest District 3 Court also decided to protest for two hours a day, claiming that their salaries are low, compared to the salaries of the magistrates of the tribunals or courts of appeal.

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