The CCR announces when the ICCJ notification will be discussed regarding the law by which the pension conditions for magistrates are modified
The Constitutional Court of Romania (CCR). Photo: Inquam Photos / George Călin
The notification made on Thursday by the judges of the High Court of Cassation and Justice (ICCJ) regarding the unconstitutionality of the law that amends the special pension system for judges and prosecutors and for which the Bolojan Government has assumed the responsibility in the Parliament, will be debated by the Constitutional Court (CCR) on September 24, according to an announcement of the CCR.
The High Court of Cassation and Justice decided on Thursday to notify the Constitutional Court regarding the law by which the conditions of retirement for magistrates are modified and for which the Government has assumed responsibility in the Parliament. The law, which has generated protests in courts and prosecutor's offices, by suspending the activity, stipulates that the pension of the magistrates will not be more than 70% of the last net salary collected, compared to 80% of the last gross salary, as it is now.
The supreme court accuses, among others, that “the importance of the service pension in the economy of the principle of independence of justice” was ignored. The institution led by Lia Savonea also accuses that the law violates 37 mandatory decisions of the Constitutional Court and “numerous fundamental principles of the rule of law”.
“Today, 04.09.2025, in the meeting of the United Sections, the judges of the High Court of Cassation and Justice have decided, unanimously, the notification of the Constitutional Court regarding the law that amends the pensions regime. By the expressed vote, the judges of the supreme court transmit not to any attempt to weaken the independence and the constitutional state, relativized by conjunctural arguments.
The supreme court considers that the law that amends the pensions of judges and prosecutors “violates no less than 37 mandatory decisions of the Constitutional Court and numerous fundamental principles of the rule of law”. Also, JCCJ judges also believe that “the constitutional status of the judge, of the magistracy in general, is not a privilege, but an essential guarantee of the rule of law, of democracy, which cannot be disregarded.”
How the Government has changed the Special Pension System
On Monday, the government took responsibility in Parliament for the law that changes retirement conditions in the case of magistrates, one of the five laws adopted by this procedure.
The draft law has generated harsh reactions in the judicial system and led to the triggering of protests by the courts and prosecutor's offices, by suspending the activity.
By 2036, there are transient norms – the magistrates will be added, gradually, every year, one year and six more months at the retirement age, ie it will increase gradually. From 2036, the retirement age will be at 65.
The project on magistrate's pensions changes includes the following changes:
- Establishing the retirement age for magistrates at the standard age of the public pension system, respectively 65 years.
- To retire the magistrates will have to be 35 years old. Now, magistrates can retire if they are 25 years old.
- The pension of the magistrates will not be able to be more than 70% of the last net salary collected. Now, it is 80% of the last gross salary collected.
- For the magistrates who are currently in office: the new staggering of the increase of the retirement age for magistrates, by adding an additional period of 1 year and 6 months, until 2036.
Magistrates will be able to retire in advance, provided they are 35 years old, but if they are not 65 years old, an annual penalty “2% until the standard retirement age in the public system” will be applied.
If the project passes the Constitutional Court, it will enter into force from October 1, 2025.
