The Public Prosecutor's Office plans to take action in protest against the planned pension reforms for magistrates within the recent 'Easter Agreement' from the De Wever government, it announced on Wednesday.
The College of Public Prosecutors, chief prosecutors, and chief secretaries have decided not to provide responses to parliamentary questions due to the severity of the situation and the unprecedented impact of the proposed measures.
They also reserve the right not to respond to certain requests for opinions or participation in working groups from the executive and legislative authorities. Moreover, they will no longer honour requests from Justice Minister Annelies Verlinden to suspend the execution of prison sentences.
"To my knowledge, this has never happened before," said Brussels Attorney General Frédéric Van Leeuw, representing the College of Attorney Generals. "The government has gone too far. At some point, you reach a limit."
'Totally disproportionate'
The proposed pension reform for magistrates and judicial staff is "totally disproportionate," according to the College of Public Prosecutors. Their analysis suggests the cumulative effect of these measures could result in a 30-40% loss in purchasing power for retired magistrates.
Among the measures criticised are a cap on pension indexation for amounts over €5,250 gross, the requirement for magistrates to be appointed before the age of 27, and the necessity to 'repurchase' study years to qualify for a full pension from 2027, without any transitional arrangements.
"These changes not only breach the trust of current magistrates and retirees, but may also deter experienced jurists and specialised lawyers from joining the judiciary, where there is already a shortage of magistrates and staff," said the College.
Heavy workload
The proposed pension reforms come amid existing dissatisfaction with working conditions. Magistrates and judicial staff lack the benefits commonly granted in the private sector for high-responsibility roles, such as bonuses or company cars, and they cannot accrue supplementary pension rights.
Prosecutors and some judges must also perform nighttime and weekend duties, which are typically unpaid, the College of Public Prosecutors highlighted.
Magistrates must be able to perform their roles independently and impartially without political, social or economic pressure. "We understand the need for savings, but this reform is excessive and threatens the independence and quality of the judiciary."
For years, the Justice department has received the message that no funds are available, asserted Van Leeuw. "Now, with the Easter Agreement, we are told no additional funds will be provided, we must be more stringent, and our pensions will be significantly reduced," he stressed. "Compare it to a football team asked to play with nine players on a bad pitch and score many goals, yet not receive their bonus at the end."
Future negotiations
Depending on the outcome of a meeting scheduled next week with Pensions Minister Jan Jambon, further actions may follow, concluded the Prosecutor's Office.
Meanwhile, the decision to cease suspending sentence executions could have immediate consequences.
In practice, when a person is sentenced to prison, the Public Prosecutor must ensure they are notified, and the person must report to the prison within five days.
To tackle prison overcrowding, the previous government requested suspensions for certain categories of sentences. Van Leeuw noted approximately 4,000 sentences have not been executed since October. "We cooperated for a while and showed great goodwill. But if such actions occur without our knowledge, we will now simply comply with the law. If a sentence is pronounced, it should be executed."
