Constitutional Court: rulings and deferrals
The Constitutional Court is yet to make a decision on the bill reforming the retirement system for magistrates
Leyla Cheamil, 25.09.2025, 14:00
The Constitutional Court of Romania has deferred a ruling on the bill regulating the pensions of judges and prosecutors, for which the Government has taken responsibility before Parliament, to October 8.
In early September, the joint divisions of the High Court of Cassation of Justice decided to refer the bill to the Constitutional Court, claiming the new legislation breaches no less than 37 rulings of the Constitutional Court and many fundamental principles of the rule of law. The main grounds of unconstitutionality mentioned by magistrates include the violation of the rule of law principle, of the independence of the judiciary, of judicial security, of the legality and non-retroactivity of law, of legitimate trust, the fact that the bill creates discrimination without rational and objective reasons, as well as its disregard for imperative legal obligations, such as the mandatory opinion of the Higher Council of Magistrates on the final form of the bill.
The topic of changing the retirement system of magistrates and eliminating certain privileges for them generated heated debates in Romanian society and tensions between the Higher Council of Magistrates and the government.
During the plenary Parliament session in which PM Ilie Bolojan took responsibility for the bills in the second set of measures aimed at reducing the country’s budget deficit, the PM mentioned that Romanian magistrates retire at 48-49 years of age, and the average pension benefits in the judiciary exceed a rough EUR 4,800. He also said that many pensions even reach some EUR 7,000-8,000, especially for magistrates who also held management positions.
“With the reform that we propose, there will be a transitional 10-year period, at the end of which the retirement age for magistrates will be 65, the standard retirement age in Romania. The length of service required for retirement will increase from 25 to 35 years, as is the case of the other citizens. So far, pension benefits amounted to 100% of the last net salary. We are capping this percentage at 70% of the net income for the last month in service,” the PM explained, pointing out that despite this decrease, magistrates’ pensions would still remain considerable.
The Constitutional Court also postponed for October 8 its ruling on the complaints filed by the opposition regarding 3 of the bills included in the second set of fiscal and budgetary balancing measures. The only unconstitutionality claim that was rejected was the one regarding the legislation streamlining the work of certain administrative authorities, which aims to restructure the National Authority for Communications Administration and Regulation, the National Energy Regulatory Authority and the Financial Supervision Authority. As such, the law is constitutional and can take effect. (AMP)
