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Augustin Zegrean, former RCC director, told Digi24 that only special pensions cannot be taxed as they are entering into constitutional dysfunction and that the law must be the same for everyone. The Constitutional Court ruled, according to some sources, that the taxation of special pensions is unconstitutional. Among them are the pensions of the military and magistrates, and the decision comes after several months in which the solution was postponed by the judges of the CCR.
In July, Parliament decided to tax all special pensions by up to 85%, a decision now declared unconstitutional by the RCC.
“There is an article in the Romanian Constitution that talks about the fair distribution of tax burdens, this means that if you put a different tax in a special category than in the majority, it is not okay. You are entering a constitutional dysfunction, if you want to. put taxes, do not put them only to retirees, they put them to those with high salaries, deputies, senators, members of the Government. Do they charge 85%? “, Augustin Zegrean told Digi24.
The former head of the RCC explained that according to the Constitution, all people are equal before the law and the authorities and that taxation must be done for all those who have high incomes, above a certain amount, regardless of pensions. wages or other receipts.
“Parliament has the right to tax these pensions, but to comply with the constitutional provision, whoever has an income of more than 10,000, whether it be salary or pension, pays 85% of taxes, but without saying that only judges, prosecutors or militiamen must This is not possible, it is the principle of equality, it is written in the Constitution that we are all equal before the law and the authorities. We heard in the campaign that if you vote for a certain party, the minimum wage will no longer be taxed “Do not take one at all, do you take everything into another? “Zegrean added.
Asked if there is a conflict of interest, Augustin Zegrean said: “It is also written in the Constitution that the only institution in matters of litigation is the Constitutional Court. Who should judge if not between them? , only CCR. We enter the paradox of the barber of antiquity, when it was said that the barber shaves all the unshaven and wonders who shaves him ”.
“You have to make a clear and fair law, you can’t play with this,” Zegrean told Digi24.
The RCC has ruled that the taxation of special pensions of up to 85% is unconstitutional
The judges of the CCR have ruled that the taxation of special pensions, including military and magistrates pensions, is unconstitutional.
The CCR’s decision comes after several months in which the constitutional judges postponed the solution. Parliament decided in June to tax all special pensions by up to 85%.
According to the bill, special pensions, including military and magistrates pensions, would have been taxed at 85% if the pension was more than 7,000 lei and 10% for pensions between 2,000 and 7,000 lei.
Ombudsman Renate Weber challenged the bill in the Constitutional Court. The law was also challenged in court by the Superior Court of Cassation and Justice.
Editing: Alexandra Andronie
