Romanian Constitutional Court’s EUR 230 mln ruling on magistrates’ pensions in limbo

Update: The judges of the Constitutional Court have postponed for the fifth time a decision regarding magistrates’ pensions, setting a new date for February 18, Digi24 reported.

Initial story: 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.