Stalemate at the Constitutional Court
Constitutional Court postpones ruling on magistrates' pensions
Corina Cristea, 30.12.2025, 14:00
The Constitutional Court’s ruling on magistrates’ pension reform remains pending, as the Court failed to meet quorum for deliberation on Monday. Four of the nine judges (nominated by the PSD) did not attend the talks, the same ones who had walked out of the session two days earlier. The new law on magistrates’ pensions, for which the Bolojan Cabinet staked its responsibility in Parliament, cuts judges’ and prosecutors’ pensions, raises the retirement age and was set to take effect on January 1, 2026. At present, magistrates can retire as early as 48, with pensions equaling their salaries – a level strikingly high compared to the general population’s earnings.
The new law stipulates a spaced-out increase in the retirement age to 65, with pension amounts capped at 70% of the net indemnity received in the final month of activity. The government’s first attempt to eliminate this social inequity, which the economy can no longer sustain, as Prime Minister Ilie Bolojan stated, was rejected by the Court in October, following a challenge from the High Court of Cassation and Justice. The reason: the government had not sought the mandatory consultative opinion from the Superior Council of Magistracy (CSM) within the legally required timeframe. Meanwhile, the bill received a negative opinion from CSM, and the current case before the Constitutional Court stems from another challenge by the High Court of Cassation and Justice, which argues that the bill discriminates against magistrates’ pension rights and undermines judicial independence.
The four absent judges reject all allegations of sabotage, insisting their absence was a procedural move rather than a political one and invoking irregularities and rushed timelines, demanding further clarifications from the government and supplemental documentation – more specifically, an impact study. However, Court President Simina Tănăsescu explains that such a document falls outside the scope of the case, and per the Court’s jurisprudence, impact studies do not factor into constitutionality reviews.
This third postponement of a decision on magistrates’ pension reform has sparked widespread political backlash. PSD Deputy Adrian Câciu believes the government should immediately request the Court to convene urgently and rule after the New Year. PNL Deputy Raluca Turcan says she will propose amendments to the CCR’s operating law to impose penalties for unjustified boycotts of decision-making. USR President Dominic Fritz deems Court reform a true emergency, calling for severing its members’ ties to group interests and party directives. AUR spokesperson Ștefăniță Avrămescu says the Court’s postponement is pushing Romanians toward poverty while certain privileges remain untouched. (VP)
