Romanian Constitutional Court Delays Ruling on Magistrates’ Pensions Amid EU Referral Request
Romania’s Constitutional Court (CCR) has postponed its decision on a controversial law reforming magistrates’ pensions and raising the retirement age, pushing the deadline to February 18. The delay comes after the High Court of Cassation and Justice (ÎCCJ), led by Lia Savonea, requested the CCR refer the case to the Court of Justice of the European Union (CJEU) to assess its compliance with EU law.
The ÎCCJ’s request, submitted Tuesday, has thrown another wrench into a process already marked by multiple delays and political tensions. “It is a request that came now, so it must be analyzed. We cannot vote until we are clear with all the documents,” a source within the CCR told HotNews, a Romanian news outlet. The court now faces a critical decision: either send the case to the CJEU or render a judgment on the law by the new deadline. “On February 18, we either decide to send to the CJEU, or we admit or reject the referral, I hope so,” the source added.
The proposed law, championed by the Bologna Government, aims to reduce magistrates’ pensions to 70% of their last net salary – down from the current 80% of gross salary – and gradually increase the retirement age to 65 by 2042. The government adopted the law through a vote of responsibility in Parliament, a move that bypassed standard legislative procedures.
However, the ÎCCJ has strongly contested the law, arguing it “violates international standards, brutally violates the independence of the judiciary, de facto eliminates the service pension for magistrates,” and infringes upon established jurisprudence from both the CJEU and the European Court of Human Rights. The court’s spokesperson, Victor Alistar, explained that the law creates “obvious discrimination” against magistrates compared to other pension beneficiaries.
The timing of the ÎCCJ’s referral request has ignited a public dispute with Prime Minister Ilie Bolojan. Bolojan sent a letter to CCR President Simina Tănăsescu on Friday, February 7, warning that Romania risks losing €231 million in funding from the National Rehabilitation and Resilience Program (PNRR) if the CCR doesn’t issue a decision by February 11. Savonea responded by accusing Bolojan of “pressures and interferences” that are “incompatible with the principle of separation of powers.”
This isn’t the first time the CCR has faced hurdles in ruling on the magistrates’ pension law. The decision has been postponed four times previously. In late December 2025, four judges appointed by the Social Democratic Party (PSD) – Gheorghe Stan, Bogdan Licu, Mihai Busuioc, and Cristian Deliorga – temporarily left the proceedings, preventing a quorum. Judge Stan, currently on paternity leave, even attended a meeting despite being on leave, highlighting the importance of having all nine judges present for a decision, as stipulated by the court’s internal regulations. Former CCR President Augustin Zegrean confirmed that Stan’s absence almost certainly necessitates another adjournment.
The CCR has only referred a case to the CJEU once before, in the Coman-Hamilton case. Should the court choose to refer this case, the CJEU will undertake a comprehensive analysis of the law’s content. The court also has the option to reject the referral if judges deem it unnecessary for resolving the case.
The ongoing saga underscores the complex interplay between domestic legal challenges, European Union regulations, and political pressures within Romania. The February 18 deadline looms large, with the fate of both magistrates’ pensions and crucial EU funding hanging in the balance.
