PENSIA DE SERVICIU A MAGISTRAȚILOR. CONSECINȚE PRACTICE REZULTATE DINTR-UN EXAMEN OBLIGAȚIONAL

The author notes that the right to retirement implies two prerogatives of a different nature:
belonging to a professional status, part of the individual’s personality (professional or social) and the
power to request and receive a monthly money allowance, a patrimonial component.
In relation to the theoretical premise stated, it was set the moment of the birth and efficiency of
the law, as well as the legal regime of the magistrates’ service pension; we are dealing with a right
affected by a double modality: a suspensive condition consisting of three cumulative elements (age,
seniority in the judiciary and deontological conduct) and a suspensive term.
The applied model, deduced from the concept of civil obligation, then indicates the limits in
which the new law may affect the magistrates’ pension, as a result of governmental contribution or
gratuity; the theoretical approach offered solutions to indicate the limits within which magistrates’
pension rights can be limited, abolished or taxed.