CCR postpones decision on magistrates’ pensions for the fifth time

The judges of the CCR decided to postpone a decision on magistrates’ pensions for the fifth time.

The new deadline set for the hearing is February 18, 2026.

The judges decided to study the request of the High Court of Justice of the European Union to refer the matter to the CJEU on the status of magistrates in Romania.

The constitutional judges, meeting for the fifth time to make a decision on the reform of magistrates’ special pensions, which Prime Minister Ilie Bolojan insists on, were expected to make a decision in this controversial file.

Gheorghe Stan – one of the judges who was on legal leave for 8 days, came to the CCR session. According to the law, all judges who participated in the debates on a file must also be present at the deliberations.

Pension recipients may continue working, with an 85% reduction in their pension

The Constitutional Court of Romania has once again postponed its decision on magistrates’ pensions

The Court’s Rules of Procedure also provide for this situation: “In the event that not all judges who participated in the debates are present or in the event that the conditions provided for in art.58 paragraph (3) of Law no.47/1992, republished, are met, the ruling on the case will be postponed to a later date. The postponement will be recorded in a conclusion drafted by the assistant magistrate, indicating the reason that determined this measure.”

On Tuesday, the Supreme Court of Justice asked the CCR to notify the CJEU regarding the status of magistrates.

“This request requests verification of the compatibility of the national measures under review with the requirements established by European Union law and the case law of the Court of Justice.

Within the framework of the approach formulated, the opinion is expressed that the provisions under review are likely to fail to comply with the principles of proportionality, equality, legal certainty and the protection of legitimate expectations, fundamental principles of the European Union legal order, relevant for the assessment of the legality of any reform concerning the status and guarantees of independence of magistrates”, states the ÎCCJ.

Over time, the CJEU has ruled on similar situations in the cases of Poland and Hungary.