Four judges appointed by Romania’s ruling Social Democratic Party (PSD) to the Constitutional Court failed to show on Monday, December 29, to vote on the reform of magistrates’ pensions. As a result, the court president postponed the decision to January 16, 2026. Their actions mean that the new law cutting magistrates’ pensions and raising their retirement age to 65 cannot come into force on January 1. 

The Constitutional Court (CCR) was initially supposed to rule on December 10 to determine whether the law that raises the retirement age of magistrates and reduces the service pension is constitutional. At that time, CCR judges postponed the decision until December 28. On that day, however, the same four judges left the court session, effectively blocking a decision on the same issue.

Judges Bogdan Licu, Mihai Busuioc, Gheorghe Stan, and Cristian Deliorga were the ones absent. All were appointed by the Social Democratic Party, through votes in the Senate or the Chamber of Deputies. 

According to internal rules, the CCR cannot issue a ruling unless a minimum of 6 out of the 9 judges are present.

According to sources cited by HotNews, the four judges requested a postponement of the decision until January 15, arguing that they needed time to study the law. They also requested an impact study of the law from the Ministry of Justice, but their proposals were rejected.

“I have found today, as I did yesterday, that the quorum could not be met, but it should be specified that in yesterday’s session, December 28, the plenary began with a full formation, but it decreased during the session. Today it was not met at all,” said the president of the CCR, Simina Tănăsescu, after the session.

Tănăsescu specified that she was the only judge of the court on leave during this period, but interrupted it specifically for the session regarding the Magistrates’ Pension Law.

Back in October, after several postponements, the CCR rejected a similar project, arguing that the government had not awaited the advisory opinion from the Superior Council of Magistracy, which is consultative but mandatory. Subsequently, the Bolojan government assumed responsibility for the magistrates’ pension reform bill for the second time after obtaining the CSM opinion, which was negative. 

The new bill would fundamentally change the retirement system for the judiciary, raising the retirement age from 48–50 years to 65 years, with a 15-year transition period, meaning that retirement under 58 years would no longer be possible. It also introduces an increase in years of service from 25 to a minimum of 35 years, and the service pension would be capped at 70% of the last net salary, whereas currently it equals the net income from the last month of activity. 

On December 5, the High Court, led by controversial judge Lia Savonea, who is reportedly close to the Social Democratic Party, challenged the law and referred it to the Constitutional Court. 

The absence of PSD-appointed CCR judges is only the latest episode in an ongoing campaign led by Liberal (PNL) prime minister Ilie Bolojan and president Nicusor Dan to reform the judiciary. Senate leader Mircea Abrudean, part of the National Liberal Party, stated that Bolojan will not yield to pressures. Meanwhile, newly appointed defense minister Radu Miruță, part of the reformist Save Romania (USR) Union party, said that the judges' absence is a "mockery."

The move also comes after an explosive media investigation, which revealed how a structure coordinated and controlled through alleged benefits and penalties by High Court president Lia Savonea captured the entire judicial system over the past year, developing institutional mechanisms to legally free high-profile politicians and businessmen, some of them already with a final sentence.

Commenting on the decision, PSD-backed justice minister Radu Marinescu said he does not know the reasons for the postponement and does not believe there can be endless delays.

“It is very difficult for me to explain the activity of an independent politico-jurisdictional body such as the CCR. I am following it just like you. I don’t know what is happening there or why a new date was set,” the minister told Euronews Romania. 

radu@romania-insider.com

(Photo source: Inquam Photos | Octav Ganea and George Calin)