Romanian Constitutional Court vetoes legislation escalating military retirees' pension benefits
Romania's Constitutional Court Declares Military Pension Law Unconstitutional
In a significant development, the Constitutional Court of Romania has ruled that the Law supplementing Law no. 223/2015 on state military pensions is unconstitutional. This decision was made on March 11, following an objection raised by Europa Libera Romania.
The court's ruling stems from several constitutional conflicts within the law. Firstly, the supplement introduced pension increases or benefits without clear financial sources or budgetary coverage, violating fiscal responsibility and budgetary equilibrium requirements established by the Romanian Constitution.
Secondly, the law created disproportionate advantages for certain categories of military personnel while excluding others in similar situations, thereby violating the constitutional principles of equality before the law.
Lastly, there were issues related to the legislative process used to adopt the law, including a lack of proper impact assessments and consultations, which undermined its legal legitimacy.
As a result, the enforcement of the supplement has been suspended or annulled, and the original Law no. 223/2015 remains the governing framework for state military pensions until amendments are properly enacted.
The estimated budgetary impact of the bill on state military pensions is approximately RON 370 million (EUR 75 million) per month. However, the specific details about the source of financing for the budget expenditures in the bill remain unclear.
The exact implications of this decision on military pensions remain unclear at this time. The Constitutional Court's ruling marks a significant step towards ensuring fiscal responsibility and upholding constitutional principles in Romania.
