The decision of the ICCJ is generally binding, that is, it will be applied without discussion, by all courts in Romania, in pending cases.
In a file pending before the Suceava Court of Appeal, the judge was not informed by the existing legal provisions and decided to ask the Panel to resolve some legal issues, from the ICCJ.
“In the interpretation and application of the provisions of art. 82 para. (1), by reference to those of art. 79 para. (1) lit. c) and art. 65 para. (1) from Law no. 263/2010 regarding the unitary system of public pensions, with subsequent amendments and additions, the existence of a right to choose between the disability pension and the partial early pension is not excluded on the date of fulfillment of the conditions provided by law for the latter category of pension”, it is stated in the ICCJ decision.
Decision 25/2023 of the High Court of Cassation and Justice was published during Friday, in the Official Gazette of Romania, and thus becomes law.
What are the reasons cited by the judges
19 magistrates from the supreme court, from the Civil and Administrative and Fiscal Litigation Sections are part of the Panel for resolving legal issues, from the ICCJ.
In order to reach this conclusion, the judges established that the legislator did not want to exclude the beneficiaries of disability pensions from obtaining the partial early pension.
“It should have expressly provided for such an exclusion, since such a prohibition does not result from any other text of the law. Such an exclusion is foreseen for the future by the legislative solution enshrined in the norm of art. 74 para. (4) from Law no. 127/2019, according to which “disability pensioners cannot opt for early retirement”, a provision that will enter into force on January 1, 2024, according to the final provision of art. 182 of the same law. This is an additional argument in favor of the above interpretation, in the sense that, in the absence of a prohibition, under the current legislation, the interpretation of which is requested through this instrument for the unification of judicial practice, the right to benefit from the partial early pension it also belongs to the disability pensioner who meets the cumulative conditions for obtaining this type of pension”, it is also stated in Decision 25/2023.
2023-05-27 04:03:35
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