Reacția CSM la decizia Guvernului de a impozita pensiile speciale: Nu vom tolera sub nicio formă afectarea statutului magistratului și încălcarea independenței acestora
Consiliul Superior al Magistraturii a reacționat astăzi la decizia guvernului de a impozita pensiile speciale afirmând că Executivul a ignorat solicitarea exprimată de magistrați în urmă cu două săptămâni.
„Puterea executivă a înaintat proiectul de act normativ privind reglementarea unor măsuri fiscal-bugetare prin care se elimină în mod flagrant, prin mijloace fiscale mascate sub forma unei suprataxe pe veniturile din pensii și indemnizații pentru limită de vârstă, pensia de serviciu a judecătorilor și procurorilor”, se arată în comunicatul CSM.
CSM spune că, astfel, se încalcă independența obiectivă a magistraților. De asemenea, „proiectul de act normativ încalcă jurisprudența constantă a instanței constituționale ce a stabilit fără echivoc că independența justiției, ca garanție constituțională, include securitatea financiară a magistraților, care presupune și asigurarea unei garanții sociale, cum este pensia de serviciu a magistraților.”
Redăm comunicatul integral al CSM
„Consiliul Superior al Magistraturii și-a exprimat în mod ferm poziția în mai multe rânduri cu privire la imperativul respectării de către puterea legislativă și puterea executivă a obligației de rang constituțional de a garanta judecătorilor și procurorilor, la încetarea funcției, plata unei pensii al cărei nivel să fie cât mai apropiat posibil de nivelul ultimei remunerații, subliniind și reiterând că statutul magistratului impune acordarea pensiei de serviciu ca o componentă a independenței justiției, garanție a statului de drept, prevăzut de art. 1 alin. 3 din Legea fundamentală.
Ignorând aceste garanții constituționale și opinia constant exprimată de Consiliu, puterea executivă a înaintat proiectul de act normativ privind reglementarea unor măsuri fiscal-bugetare prin care se elimină în mod flagrant, prin mijloace fiscale mascate sub forma unei suprataxe pe veniturile din pensii și indemnizații pentru limită de vârstă, pensia de serviciu a judecătorilor și procurorilor, încălcând astfel fără reținere independența obiectivă a magistraților din această perspectivă.
Proiectul de act normativ încalcă jurisprudența constantă a instanței constituționale ce a stabilit fără echivoc că independența justiției, ca garanție constituțională, include securitatea financiară a magistraților, care presupune și asigurarea unei garanții sociale, cum este pensia de serviciu a magistraților.
Totodată, nu poate fi ignorat faptul că voința populară exprimată în mod clar în cadrul referendumului din luna mai 2019 a fost în sensul eliminării ordonanțelor emise de puterea executivă în domeniul legilor justiției.
Consiliul Superior al Magistraturii reiterează și subliniază cu tărie și fără echivoc că nu va tolera sub nicio formă afectarea statutului magistratului și încălcarea independenței acestora prin eliminarea pensiei de serviciu, garanții pentru a căror protecție și prezervare va efectua absolut toate demersurile care se impun, așa cum s-a arătat în pozițiile anterior exprimate”.
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