The President addressed the Saeima with a request to reconsider one reform 0

Politics
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The President addressed the Saeima with a request to reconsider one reform
Photo: LETA

The President of Latvia, Edgars Rinkēvičs, has submitted the Law on Special Pensions for Judges and Prosecutors to the Saeima for reconsideration, emphasizing in his explanation that the independence of judges is also related to guarantees of financial security, and the arguments justifying the overall reform of the length of service system are not directly applicable to judges' pensions, LETA reports.

As reported to the LETA agency by the president's advisor on communication issues, Mārtiņš Drēgeris, the president points out that compared to the current Law on Judges' Pensions for Length of Service, the new law provides for changes for judges in several aspects. In particular, the required length of service for receiving a special pension is increased from 20 to 25 years. The procedure for calculating the pension is also revised: henceforth, it will be calculated based on the salary received over the 120 months ending two months before leaving office. Furthermore, the law provides for a limitation on the amount of the special pension, reducing both the minimum and maximum amounts by 5%, as well as the pension amount in the event of a judge being removed from office due to health reasons.

In a letter to the Speaker of the Saeima, Daiga Mieriņa, the president emphasizes that both the purpose of the law and its annotation reasonably highlight the principle of independent judicial power enshrined in the Constitution and the guarantees of individual independence of judges.

The president stresses that in the current geopolitical conditions, when the preservation of a democratic rule of law is particularly important, any conscious or unconscious weakening of the guarantees of independence of the judiciary and judges is unacceptable. He notes that an independent judiciary is critically important to prevent the misuse of law and any attempts at actions against the Latvian state. "A self-defending democracy is impossible without an independent judiciary," the president states.

"Therefore, the guarantees of judges' independence are not and should not be an end in themselves. Ensuring these guarantees is the duty of the state, stemming from the Constitution, so that the judiciary can ensure and protect the rights and legitimate interests of individuals in disputes, including against the state itself," the president's letter emphasizes.

Rinkēvičs points out that the Constitutional Court has clearly specified the principle of judges' independence in its practice, noting that it is associated with a number of guarantees, including guarantees of tenure, institutional independence, and independence from political influence, as well as guarantees of financial security.

"Thus, the individually provided guarantees of constitutional level independence for judges mean that the issue of social guarantees for judges — special pensions — is fundamentally different from the regulation of other pensions, and the arguments justifying the overall reform of the length of service system are not directly applicable to the reform of the judges' pension system," the president's letter states.

The president emphasizes that the materials for the law's development and the legislative process in the Saeima should provide assurance that the legislator has duly considered the special status of judges and made a decision on the reform of their pension system, recognizing its connection to judges' independence.

"Therefore, the opinion expressed in the letter of the Council for the Judiciary, that there is currently no confirmation that the authors of the changes to the judges' pension system were guided by the principle of separation of powers, respecting the principle of judges' independence and the guarantees of their financial security enshrined in the Constitution, and relied on objective data regarding the fiscal impact of the changes, cannot be overlooked," the president notes.

At the same time, Rinkēvičs positively assesses the Saeima's decision to consider the law in three readings rather than in an expedited manner, which allowed for additional opinions to be heard.

"Particular approval is deserved by the proposals of the Minister of Justice, supported by the Saeima before the second reading, aimed at ensuring a more optimal balance between the state's responsible approach to long-term financial obligations and the guarantees stemming from the principle of independence of the judiciary," the letter states.

Supporting the need to implement regulation of social guarantees that meets the standard of judicial independence while simultaneously addressing the identified risks in the length of service system, the president calls on the Saeima to reassess the Law on Special Pensions for Judges and Prosecutors adopted on February 12, 2026, to ensure that the proposed procedure complies with the guarantees of independence of the judiciary and judges enshrined in the Constitution.

He also requests to supplement the law with a transitional provision, instructing the Cabinet of Ministers and the Council for the Judiciary to conduct an assessment of the impact of the new regulation on the judicial personnel resources by March 1, 2030, including possible trends of resignation due to changes in state-guaranteed financial support, and to inform the Saeima of the results.

As reported, on February 12, the Saeima adopted the law on special pensions for judges and prosecutors in its third reading.

The changes were developed in connection with the planned alteration of the current length of service system, which will no longer apply to judges and prosecutors. The new law will establish the procedure for the appointment, calculation, and payment of special pensions to judges and prosecutors.

The changes will not affect current recipients of length of service pensions. They will fully apply to officials who begin working as judges, prosecutors, or ombudsmen from January 1, 2027, and who have worked for less than 15 years, as well as to those who will still be appointed to these positions.

To receive a special pension, 25 years of work experience will be required, of which the last ten years must be in the position of judge, prosecutor, or ombudsman, as well as reaching retirement age. The pension will also be granted upon removal due to health reasons with at least 25 years of service, of which the last three years must be in the relevant position. Currently, judges can retire for length of service at 65 years, while prosecutors can do so at 50 years with 20 years of service, ten of which must be in the relevant position.

The minimum retirement age for prosecutors for length of service is planned to be gradually increased by a total of 15 years, aligning it with the age of judges — 65 years. This condition is proposed to be applied to prosecutors who will have more than ten but not more than 15 years of length of service by the end of next year.

The annotation to the draft law states that raising the retirement age and length of service will allow individuals to remain in the labor market longer, earn a salary, and pay social contributions.

The law on special pensions for judges and prosecutors will come into force on January 1, 2027.

Previously, the State Chancellery indicated that without reforming the length of service system, the amount of pensions paid would reach one billion euros by 2050, and by 2060 — nearly 1.7 billion euros.

In the package of accompanying bills to the state budget for the next year, the Saeima has already adopted changes to a number of laws reforming the length of service system.

The State Chancellery proposed to exclude from the number of recipients of length of service pensions all professions not related to regular risks to health and life starting from 2027, while not affecting those already employed in these professions, for whom, however, higher requirements for length of service will be established and possibly the amount of the pension adjusted.

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