The Bucharest Court of Appeal is expected to decide today on the request for the suspension of two CCR judges
The Bucharest Court of Appeal is scheduled for Friday, January 30, to issue a decision on the request filed by an AUR lawyer regarding the suspension of CCR judges Mihai Busuioc and Dacian Dragoş.
On January 16, the same day that the CCR postponed the decision in the case of the service pensions of the magistrates, the CAB court postponed the ruling on the situation of the two CCR judges until January 30. The court has postponed the ruling twice so far in this case.
The decision that the court will pronounce is not final, but it can be enforceable, which could lead to the suspension of the CCR magistrates in case of admission.
The unprecedented action against CCR judges
Judge Olimpiea Crețeanu of the Bucharest Court of Appeal is the one who will decide whether to suspend the acts by which President Nicușor Dan, respectively the Senate of Romania, appointed Dacian Dragoș and Mihai Busuioc as judges at the Constitutional Court.
The request was submitted by the AUR lawyer, Silvia Uscov. Silvia Uscov's notifications, registered on December 30 and 31, 2025 at the Bucharest Court of Appeal, received a quick deadline, compared to other similar files.
In essence, Silvia Uscov argued in the courtroom that Mihai Busuioc and Dacian Cosmin Dragoş do not meet one of the conditions to be appointed as a CCR judge, namely a seniority of at least 18 years in legal activity or in higher legal education.
The decision that the CAB will pronounce will not be final, but the judge can order it to be enforceable, several lawyers consulted by HotNews previously explained.
What a former CCR judge says about the suspension request
University professor Tudorel Toader, a former constitutional judge, declares that, in his opinion, both requests for suspension will be rejected, one as inadmissible, that of Mihai Busuioc, and the other as unfounded.
“I believe that both the notification regarding Dacian Dragoş and the one regarding Mihai Busuioc will be rejected. One as inadmissible, considering Busuioc, the other as unfounded,” Tudorel Toader told News.ro.
The former CCR judge explained that the referral in the case of Mihai Busuioc is inadmissible, as he was appointed by a decision of the Senate and, as such, cannot be contested.
“In 2010, Law 177 was adopted. Through that law, Parliament's decisions could be subject to constitutionality control, but not legality. And not just any decision, but only those of a normative nature. Those of an individual nature cannot be contested at the CCR. That is why I said that the referral aimed at the Senate's decision regarding Mihai Busuioc is inadmissible”, stated Tudorel Toader.
According to Tudorel Toader, in the case of Mihai Busuioc, appointed to the CCR by a decision of the Senate, no complaint can be made to the Constitutional Court, as this decision is not normative, but individual. In other words, the appointment of Mihai Busuioc cannot be contested.
Who are the two contested CCR judges?
Dacian Cosmin Dragoş, appointed by President Nicusor Dan as a judge at the Constitutional Court, is a university professor at the Faculty of Political, Administrative and Communication Sciences and PhD supervisor at the Faculty of Law of the Babeş-Bolyai University in Cluj-Napoca. He replaced Livia Stanciu.
On January 15, lawyer Uscov presented a series of documents that show that judge Dacian Dragoș, in parallel with his position at the CCR, appears as an administrator at a joint-stock company in Cluj Napoca.
Dacian Dragoș explained at that time to HotNews that he resigned from that position, before being appointed to the CCR, but he does not know if the General Meeting of Shareholders communicated this to the National Office for the Trade Register, as required by law.
Dacian Cosmin Dragoş is part of the CCR camp that supports the Government's special pension reform project, a camp that has a fragile majority of 5 to 4, notes Agerpres.
Mihai Busuic, former president of the Court of Accounts, proposed by the PSD and supported by the government coalition, was voted by the Senate for the post of judge at the CCR, replacing Marian Enache, who also held the position of president of the Court.
