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How the ICCJ complicates a CCR decision regarding the reform of judges' pensions. Explanations from a former president of the Constitutional Court.

Nicoleta Onofrei
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11 February 2026, 09:50
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Augustin Zegrean FOTO: Vadim Ghirda / AP / Profimedia
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If the CCR proceeds with the request of the ICCJ to refer the case to the Court of Justice of the European Union (CJEU) regarding the reform of judges' pensions, a solution in this case could take two years, according to the former president of the Constitutional Court of Romania, Augustin Zegrean. He also highlighted examples from Poland and Hungary, emphasizing that the CJEU ruled in favor of judges in both situations.

"If we are faced with a new delay, it will take about two years for the delay. If the request to refer to the CJEU is accepted, they must send the file there and their file from Bucharest is suspended until the response from the CJEU comes. Practically, such a request takes about two years. Since it involves judges and a situation of national interest, they might prioritize it there," said Augustin Zegrean to Digi24, when asked if the referral to the CJEU could lead to a delay in the decision.

He brought into discussion examples from Poland and Hungary, where the CJEU supported the rights of judges in similar situations. He also mentioned that the CCR postponed the debate on this topic until February 18, when it will decide on the referral to the CJEU. Zegrean emphasized that judges can reject the request if they consider it unfounded.

The CCR judges decided on Wednesday to postpone a decision regarding the law on special pensions until February 18, so that the judges can analyze the request made by the president of the ICCJ, Lia Savonea, regarding the referral to the Court of Justice of the European Union.

The meeting on Wednesday morning was anyway under the sign of questioning: both due to Lia Savonea's request and against the backdrop of the leave request of one of the judges of the panel. In the end, Gheorghe Stan attended the meeting, but the decision was postponed anyway due to the first case.

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Fost președinte CCR, despre demersul Înaltei Curți de a cere sesizarea CJUE pe pensiile magistraților: „Va dura cam doi ani amânarea”

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NEWS ON THE SAME TOPICS

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The High Court has postponed the announcement of a decision in the case against the Government regarding the payment of outstanding salary rights of judges.
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Decisive day at the CCR: Judges discuss the conflict between the Government and the High Court of Cassation and Justice regarding judges' salaries
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The CCR postponed the ruling in the case of the conflict between the Government and the High Court regarding the salary arrears of magistrates on September 23.
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The government contests the court's decision. The High Court postpones the ruling in the case of salary arrears for magistrates until August 6.
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Former CCR judge Augustin Zegrean: "If within 60 days the Parliament does not approve any of those proposals made by the president, he can dissolve the Parliament."
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The High Court of Cassation and Justice is ruling today in the case regarding the non-payment of outstanding salary rights to magistrates. The stakes of the process are 5 billion lei.
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Augustin Zegrean JRC judges' pension reform ICCJ Lia Savonea

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