The ruling of the Romanian Constitutional Court (CCR) on the bill regulating magistrates’ pensions, referred by the High Court (ICCJ) and scheduled for February 11, remains uncertain since one of its nine members, Gheorghe Stan, reportedly announced paternal leave, according to Digi24. The ruling at this specific time is essential for a EUR 230 million grant Romania expects under the Resilience Facility for turning the special pensions more predictable for the national budget.

Even if CCR finds a procedure to overcome Stan’s absence, the High Court made a special request that could derail the entire process for months, according to the same source. In a last-minute move on February 10, it filed a request asking CCR to refer the bill to the Court of Justice of the European Union (CJEU) – a procedure that, if approved by CCR, would defer the final decision on the bill.

"Today, February 10, 2026, the High Court of Cassation and Justice submitted to the Constitutional Court of Romania a request for referral to the Court of Justice of the European Union, by means of a request for a preliminary ruling based on Article. 267 TFEU. This request requests verification of the compatibility of the national measures analysed with the requirements established by European Union law and the case law of the Court of Justice.[...] The approach is part of the constant concern to protect the independence of justice, as a fundamental principle of the rule of law, by capitalising on all legitimate legal avenues provided for by the national constitutional framework and European Union law. [...],” the ICCJ press release reads.

On the upside, the Court of Appeal on February 10 rejected the objections raised by the opposition against one of the nine CCR members: Dacian Dragos, nominated by the Presidency. Europa Libera Romania, reporting on the Court of Appeal’s ruling on Dacian Dragos, indicated, however, that there is no calendar for a similar ruling that is expected in the case of another CCR member, Mihai Busuioc (nominated by the Social Democratic Party), also challenged by the opposition. Initially, February 11 was announced for a Court of Appeal ruling on Busuioc.

Silvia Uscov, a lawyer and a member of the AUR party, argued that Dacian Dragoș and Mihai Busuioc do not meet the seniority requirements for appointment to the CCR: 18 years in legal activity or higher legal education.

The bill on magistrates’ pension was drafted by the government of prime minister Ilie Bolojan with a view to clearing milestone 215 of the National Recovery and Resilience Plan (NRRP) with a EUR 231 million grant attached. The milestone was due in spring 2025 with the 6-month supplementary period expiring on November 28, and the European Commission expected to declare the funds lost after another two-month period that expired. 

Prime minister Bolojan implied that the EC would accept a last-minute decision by the CCR if it were favorable to the law drafted by the government.

iulian@romania-insider.com

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