The ruling is expected on Thursday following six postponements and one day after the Constitutional Court of Romania (CCR) rejected the Government’s petition regarding the existence of a legal conflict of a constitutional nature between the Executive and the supreme court.
The financial stake in the case is approximately 4.8–5 billion lei, an amount representing outstanding salary entitlements resulting from retroactive pay increases established by court rulings.
The case reached the High Court of Cassation and Justice (ÎCCJ) following the decision of the Bucharest Court of Appeals
The dispute is currently in the appeal phase, after the Bucharest Court of Appeals, on May 5, upheld the High Court’s petition and ordered the Government and the Ministry of Finance to secure the necessary funds to pay the judges’ outstanding salary entitlements, including through a budget amendment.
The Bucharest Court of Appeals ruled that the obligations must be fulfilled within 10 days of the decision becoming final. In the event of a delay, the court imposed penalties of 1% for each day of delay, as well as a fine of 20% of the national minimum gross wage for each day of delay.
In the lawsuit filed in court, signed by the institution’s president, Lia Savonea, the High Court argued that the non-payment of these amounts infringes upon the property rights of judges who hold enforceable judgments that have remained unpaid for more than ten years. At the same time, the court cited a violation of the principle of separation of powers and an undermining of the authority of court rulings.
The government challenged the decision and requested the intervention of the Constitutional Court
The government and the Ministry of Finance filed an appeal against the ruling of the Bucharest Court of Appeals.
The executive branch argued that a court cannot compel the government to allocate additional funds through a budget amendment and, during the proceedings, requested that the case be referred to the Constitutional Court and the Court of Justice of the European Union.
In July, Acting Prime Minister Ilie Bolojan announced that the government was referring the matter to the Constitutional Court to resolve a legal conflict of a constitutional nature with the High Court. The government’s argument was that the court had overstepped the authority of the executive and legislative branches regarding the drafting and execution of the state budget.
The CCR Rejected the Government’s Petition
The Constitutional Court dismissed as inadmissible the petition filed by Ilie Bolojan regarding the existence of a legal conflict of a constitutional nature between the Government and the High Court of Cassation and Justice (ÎCCJ).** The petition had been filed on July 2 and concerned precisely the dispute over the payment of back wages.
The CCR’s decision came one day before the deadline set by the High Court of Cassation and Justice (ÎCCJ) for ruling on the appeal.
The High Court welcomed the CCR’s decision, arguing that it confirms the position that there was no legal conflict of a constitutional nature between the two authorities. The Supreme Court also noted that the dispute over the payment of salary entitlements must be resolved within the proceedings pending before the High Court of Cassation and Justice.
Where Do the Nearly 5 Billion Lei Come From?
The amounts claimed by the judges stem from salary entitlements established by court rulings, including as a result of retroactive increases.
According to information presented in the case file, in 2023 the High Court and the General Prosecutor’s Office decided to increase the salaries of judges and prosecutors by 25%, following court rulings, with retroactive effect starting in 2018.
Some of these payments were subsequently deferred due to budgetary constraints and government decisions regarding the allocation of funds.
For 2026, the amount in dispute is estimated at approximately 4.8 billion lei, according to data presented by Acting Prime Minister Ilie Bolojan.
Six Postponements of the Ruling
The High Court of Cassation and Justice (ICCJ) has postponed the ruling in this case six times. The latest postponement was decided on September 17, when the court set October 8 as the date for announcing its decision.
Thursday’s ruling is important both for the state budget and for how any obligations definitively imposed on the government and the Ministry of Finance will be fulfilled.
If the Bucharest Court of Appeals’ ruling is upheld, the obligation to secure funds for the payment of arrears will become final, under the conditions set by the court. If the government’s appeal is granted, the payment situation and the effects of the Bucharest Court of Appeals’ decision will be reassessed based on the High Court of Cassation and Justice’s ruling.