There is practically a strike in the Romanian judiciary system, after the Superior Council of Magistracy summoned magistrates to respond to the special pensions reform.
Judges from several courts of appeal across the country, as well as prosecutors from the Bucharest Tribunal, announced on Tuesday that they are suspending their activities indefinitely as a form of protest against the draft law that the Bolojan Government is soon to take responsibility for.
The decision of the prosecutors from the Bucharest Tribunal was adopted in the general assembly unanimously. And at Bucharest Court of Appeal, only one judge opposed the idea of a hidden strike.
The same decision was adopted by the assemblies of judges from Courts of Appeal in Galați, Iași, Alba Iulia, Oradea (unanimous decision), Târgu Mureș, and Constanța, with other meetings currently ongoing.
A final decision for all courts and prosecutor's offices in the country will be reached no later than August 28.
Not Allowed to Strike
Judges and prosecutors do not have the legal right to strike in Romania. According to the current legislation, Law no. 62/2011 on social dialogue expressly prohibits the right to strike for:
- judges
- prosecutors
- other categories of magistrates
This prohibition aims to guarantee the uninterrupted functioning of the judiciary, considered an essential public service. So what can magistrates do? Although they cannot go on an actual strike, magistrates can resort to alternative forms of protest, such as suspending activities outside urgent cases. Which is what they are doing now.
These actions are considered a strike, but they are not a strike in the legal sense of the term. They are, in fact, forms of protest or public pressure.
What Does Suspending Activities Mean for Prosecutors
- suspending criminal investigation activities, except those related to preventive measures depriving of liberty;
- suspending the supervision of criminal investigations and receiving completed case files;
- suspending prosecutors' participation in court hearings, except for conclusions regarding preventive measures and protection orders;
- suspending the resolution of complaints against decisions not to indict;
- suspending public activities and hearings.
Prosecutors' Criticisms
"The draft law does not address any of the social injustices referred to by political actors in public discourse," states the General Assembly resolution of the prosecutors from the Bucharest Tribunal, emphasizing that the current regulations were already modified in 2023 and deemed satisfactory by the European Commission within milestone 215 of the PNRR.
Prosecutors argue that the draft transmitted by the Ministry of Labor "is in clear contradiction with the objectives assumed through the National Recovery and Resilience Plan and the Strategy for the development of the judicial system 2022-2025" and will not lead to unlocking European funds.
"It should not be overlooked that there are currently over 215,000 service pensions in Romania, of which just over 5,000 belong to magistrates (less than 2%)," the document specifies.
Another reproach concerns legislative instability: "The current initiative is part of the series of frequent and successive changes to magistrates' status in recent years. Normative volatility, with major changes at short intervals, contradicts the principle of legislative stability and predictability."
Additionally, prosecutors note that the project "was promoted without a solid objective rationale, not being accompanied by in-depth analyses regarding its necessity and real consequences," which will generate new injustices.
Call for Dialogue
"We strongly reaffirm that any reform in the field of justice - especially one concerning the status of magistrates - must be carried out in full respect of fundamental constitutional values. The independence of justice, as a pillar of the rule of law, the stability and predictability of the status of magistrates must remain non-negotiable references," prosecutors affirm in the adopted resolution.
The Prosecutor's Office attached to the Bucharest Tribunal requests the CSM to negatively assess the project and warns that the government's measures represent "additional and unnecessary pressure on the justice system and a diversion aimed at diverting public attention from other fiscal-budgetary measures adopted this year."
Strike at the Bucharest Court of Appeal
Also, the judges of the Bucharest Court of Appeal have decided to resort to protests against the government's project regarding the reform of service pensions.
The General Assembly of judges, convened on Tuesday, decided by an overwhelming majority (224 votes "for," one vote "against," and three abstentions) to suspend the resolution of cases starting from August 27, "until the withdrawal of the draft law."
Judges also demand an end to political pressures on justice. "They firmly request the representatives of the executive and legislative powers to cease the aggressive campaign against the judiciary authority, which gravely affects the rule of law, the rights, and freedoms of citizens that can only be effectively guaranteed by an independent judiciary," states the adopted resolution.
The suspension will not affect all cases: cases involving preventive measures depriving of liberty, cases related to restricting fundamental rights and freedoms in the criminal investigation phase, as well as requests regarding declaring someone undesirable, public custody, or the suspension of administrative acts will continue to be judged.
Bolojan's Reform Has Stirred Magistrates' Discontent
The government led by Prime Minister Ilie Bolojan is preparing a new set of measures to reduce the budget deficit, which is expected to be adopted by taking responsibility in Parliament.
One of the most sensitive provisions concerns the service pensions of magistrates. The project proposes a gradual alignment of the retirement age to 65 by 2036, the introduction of a minimum work experience of 35 years, and capping the pension at 70% of the net income from the last month of activity.
The announcement made by the prime minister on July 29 sparked a wave of critical reactions from magistrates.
The Superior Council of Magistracy accused "an aggressive campaign against the judiciary authority" and warned that the proposed measures "gravely affect the independence of justice" and "create a major risk of demoralization" in the system.
CSM has convened the general assemblies of judges and prosecutors for August 26 and 27, calling on magistrates to provide a firm response.
At the same time, the High Court of Justice stated that the announced reform marks "a significant regression" and that "to talk at the level of the executive power about cutting so-called privileges means, in fact, to deliberately weaken the status of judges."
The General Prosecutor's Office also joined the critics, warning that "the rule of law fundamentally relies on the balance of powers, and if this balance is affected, the entire democratic structure becomes fragile and even illusory."