The Constitutional Court of Romania (CCR) admitted, on Tuesday, the referral lodged by the Ombudsperson and decided that the law for the completion of the Law on Military Pensions is unconstitutional.
„In the sitting of March 11, 2025, the Constitutional Court, within the a priori constitutionality review, by unanimous vote, admitted the objection of unconstitutionality raised by the Ombudsperson and found that the Law for the completion of Law no.223/2015 on military pensions is unconstitutional, overall. Essentially, the Court held that the regulation of two systems for balancing military pensions, with different legal regimes, depending on the date of entry into force of the criticized law, violates the provisions of Article 16 (1) of the Constitution. The decision is final and generally binding. The arguments contained in the reasoning of the Constitutional Court will be presented in the decision, which will be published in the Official Journal of Romania, Part I,” the CCR announced.
In the referral sent to CCR, the Ombudsperson complained that the law amending the Military Pensions Law did not have approved sources of financing.
Thus, said the Ombudsperson, according to the normative acts and the jurisprudence of the Constitutional Court, in order to comply with art. 138 paragraph (5) of the Constitution, it is necessary for the initiators to ask the Government for the financial statement, and the failure to submit the financial statement within the legal deadline by the public authority which is obliged to draw up this document cannot constitute an impediment in the continuation of the legislative procedure.
„Or, from the examination of the legislative process of the Law for the completion of Law 223/2015 on State Military Pensions, we note that the Government was unable to fulfill its obligation to draw up the financial statement within the legal deadline of 45 days. Thus, following the legislative process in the Senate, we note that the financial statement was requested on 7.10.2024, the deadline for submitting the financial statement being November 20, 2024. However, the legislative proposal was adopted on November 5, 2024, long before the deadline by which the Government could draw up the financial statement,” the referral states.
In the Ombudsperson’s opinion, the formal fulfillment by the initiator of the obligation to request the financial statement, without waiting for the 45-day deadline to allow the Government to draw up the financial statement, amounts to a failure to comply with Article 138 paragraph (5) of the Constitution.
AGERPRES
