The Superior Council of Magistracy harshly criticizes the draft of the new unified salary law and warns that the provisions proposed by the Government risk destabilizing the judicial system, causing massive departures from the judiciary, and affecting the independence of Justice.
In a statement released on Tuesday, the CSM argues that the project „will definitively undermine the functioning of Justice” and accuses the Executive of violating the constitutional balance between the branches of power.
The institution states that the new salary rules would significantly reduce the incomes of judges and prosecutors and create "absurd" situations where promotion to a higher court or moving to a higher seniority tier could paradoxically lead to a salary decrease.
CSM: Magistrates' incomes would drop drastically
According to the Council, the project introduces an "ambiguous and unpredictable" notion - "transitory salary difference" - which is supposed to temporarily compensate for certain salary losses.
However, the CSM argues that the mechanism is unclear and raises constitutional issues.
"A drastic decrease in magistrates' incomes is being pursued," the Council states, warning that the new formula could even affect the calculation of service pensions.
The institution also claims that a magistrate entering the system after the law is adopted could have incomes "at an absolutely unacceptable level," much lower than those of colleagues employed just a year earlier.
Warning about massive departures from the system
The CSM states that the effects of the new law could worsen the personnel crisis in Justice, at a time when the system is already facing a shortage of judges and prosecutors and a high volume of activity.
"Adopting the bill in its current form will lead to an unprecedented destabilization of the human resources in the judicial system," the Council warns.
The institution states that it will use "all legal instruments" to defend the independence of Justice and to block provisions considered problematic.
Pîslaru: Salaries have increased "well above the grid"
The interim Minister of Labor, Dragoș Pîslaru, stated on Monday that the salaries of some magistrates have increased in recent years "well above the grid," following court decisions and legislative interpretations.
The Minister argues that the new law aims to reduce disparities in the public system and bring "equity" among budget categories. "Judges, with all due respect to them, based on assimilations, interpretations, and court decisions, have increased their salaries well above the grid," Pîslaru stated.
According to him, the base salary is not expected to be reduced, but the actual income currently being paid would decrease, on average, by about 16%, from 22,907 lei to 19,268 lei.
Government promises "transitory compensations"
The Minister of Labor explained that the Government cannot directly reduce salaries already being paid due to the principle of "acquired rights," which would immediately lead to lawsuits.
As a solution, the Government proposes temporarily maintaining individual compensations until the salary grid and reference value catch up with current levels.
"This reform project is not a project to increase the salaries of public employees, it is a project to bring equity into the system and make adjustments," stated Dragoș Pîslaru.