The Foundation for the Defense of the Citizen Against State Abuses (FACIAS) finds it unlawful for the central administration to ask the pension funds to recalculate the pensions of military, police and prison officials, given that the High Court of Cassation and Justice (ICCJ) has decided to suspend the application of Government Decision 735/2010 until the court of appeal rules on the annulment of this normative act.
Thus, the Decision of the Court of Cassation and Justice confirms a decision of the Court of Appeal of Cluj in September 2010 which found - according to Law 19/2000 and Law 119/2010 and Law 119/2010 - the establishment as a facility for beneficiaries of right to prove with documents their contribution periods, as well as the lack of obligation to submit applications for recalculation of pension.
According to Article 1173 of the Civil Code, court decisions are authentic acts enforceable erga omnes, with executory force, and their non-compliance by the Pension Funds - by further applying Government Decision 735/2010 - is illegal. Ignoring a final and irrevocable court decision by the institutions subordinated to the executive power represents a serious violation of one of the principles of any rule of law, namely that of the separation of powers in the state.
In view of the above and in accordance with the fundamental principles of democracy, FACIAS will provide those affected by the abusive recalculation of pensions with the necessary legal advice to sue the pension funds.