The salary reform in the public sector needs to be reviewed before adoption in terms of its impact on the justice system, warn experts from the Institute for European Policies and Reforms. According to them, some provisions of the project developed by the Ministry of Finance could affect the financial independence of judges and prosecutors and may contradict the jurisprudence of the Constitutional Court, reports IPN.

The IPRE analysis aims at the effects of the project on judges, prosecutors, the Superior Council of Magistracy, the Superior Council of Prosecutors, as well as on the staff of the courts and the Prosecutor’s Office.

Experts believe that the general objectives of the reform – simplifying the wage system, strengthening the basic salary, reducing bonuses, and increasing transparency – are justified. However, the mechanisms proposed for the justice sector require adjustments before the law is adopted.

One of the main issues identified relates to the annual adjustment of the reference value used in calculating the salaries of judges and prosecutors. According to IPRE, the project ties this adjustment to the economic situation and the possibilities of the public budget, while the Constitutional Court has ruled that this should be mandatory and should take into account at least the average annual inflation rate.

Experts criticize the introduction of different salary reference values for judges and prosecutors who have passed the external evaluation. According to the note, the difference between the values of 4,700 and 6,200 lei could generate a wage gap of almost 32% between people with the same roles and responsibilities. IPRE argues that rewarding those who have passed the external evaluation could be applied only temporarily, through a separate allowance, not through permanent differences in the basic salary.

In this context, experts recommend the establishment of a mandatory mechanism for the annual adjustment of judges’ and prosecutors’ salaries, the review of wage differences related to external evaluation, and the involvement of the SCM and CSP in the process of determining roles and salary scales within the justice system.