CJEU ruling weakens Romanian magistrates’ push for higher pay linked to extra duties
The Court of Justice of the European Union (CJEU) issued a decision on November 13 that undermines efforts by Romania’s judiciary to secure higher remuneration for judges performing additional tasks, Economedia.ro reported. The ruling…
iulian ernst · Journalist
· Updated · 2 min read
The Court of Justice of the European Union (CJEU) issued a decision on November 13 that undermines efforts by Romania’s judiciary to secure higher remuneration for judges performing additional tasks, Economedia.ro reported. The ruling comes one day after the High Court of Cassation and Justice (ICCJ) proposed increases in magistrates’ salaries as an alternative to stricter limits on special pensions, a key point of contention in ongoing negotiations with the government.
The ICCJ’s proposal was included in an “Agreement for Justice and Institutional Stability” drafted ahead of talks mediated by president Nicușor Dan.
Among six measures, the High Court suggested redirecting funds linked to unfilled court positions towards higher wages for magistrates, arguing that such increases would strengthen “loyalty and stability” within the judiciary. The document also urged state institutions to refrain from public criticism of judges and called for an end to “politicians’ attacks against the judiciary.”
The CJEU ruling, however, stated that a judge who performs duties associated with a vacant position alongside those of his or her appointed post “is not entitled to compensation that is necessarily financial.” The court held that judicial independence does not prevent national legislation from offering only time off in lieu of financial rewards for additional work.
“The principle of judicial independence does not preclude national legislation which, by providing only for the granting of time off in compensation, excludes any financial compensation for the work carried out,” the decision stated.
The judgment represents a setback for ICCJ President Lia Savonea, who has advocated for higher pay for magistrates undertaking additional responsibilities, particularly during a period marked by staff shortages and a surge in acquittals that has intensified scrutiny of the judiciary’s performance.
The ruling adds further complexity to tense negotiations between magistrates and the ruling coalition over pension reform. Magistrates are seeking to maintain retirement benefits close to pre-retirement income, while the government aims to cap pensions and accelerate the shift towards a higher retirement age.
The CJEU decision is expected to influence the ongoing debate over remuneration and workload distribution within Romania’s courts as both sides continue attempts to reach a compromise before the end of November.
