The Constitutional Court on Tuesday found that before their cancellation, the special pensions were a legal right granted to deputies and senators who served at least one full parliamentary mandate, after reaching retirement age, and their cancellation and cancellation affected the integrity and content. acquired legal right. That is, former senators and deputies remain on special pensions,

The decision was adopted on Tuesday by the Constitutional Court unanimously, the CCR found that “before its abolition, the maximum age allowance was a legal right granted to deputies and senators who served at least one full parliamentary mandate, on the date of reaching retirement age, and through its withdrawal and liquidation the integrity and content of the acquired legal right was violated.”

As CCR states:

• “The repeal of the statutory provisions that set the maximum age allowance for deputies and senators was carried out on the basis of the discretion available to Parliament to establish the rights associated with their status. Parliament has the constitutional right to abolish the age allowance for the future. Therefore, the Court established that Article 69 of the Constitution regarding the representative mandate of deputies and senators was not violated.
• The old-age allowance, before its abolition, was a statutory right granted to MPs and senators who had served at least one full parliamentary term at the time of retirement. Given that this allowance was granted in accordance with the law in view of the fulfillment of a full parliamentary mandate, the Court held that the principle of legal certainty protects the legal right of deputies and senators who enjoyed at least one full parliamentary mandate before the entry into force of Law No. 192/2023 to the allowance according to age, regardless of whether it was paid or not.
• Due to the statutory repeal and repeal of the age limit allowance in respect of these beneficiaries of the legal right, the integrity and substance of the legal right acquired with regard to the already fulfilled mandate has been violated and an obvious legal insecurity has been created, which violates the non-retroactive component of the legal protection. Future and uncertain events – of a regulatory nature – cannot affect either the right that was acquired and entered the hereditary sphere of a person, or the already exhausted consequences of an action – the implementation of at least a representative mandate.”

The full text of the Constitutional Court’s statement can be found here.

On June 26, deputies and senators with 382 votes “for” and three abstentions approved the cancellation of special pensions of parliamentarians.