CCR rejects Ilie Bolojan’s referral concerning the legal conflict between the Government and the High Court of Cassation and Justice / The proceedings regarding magistrates’ outstanding salary payments continue

On Wednesday, the Constitutional Court rejected the referral submitted by interim Prime Minister Ilie Bolojan concerning the existence of a legal conflict of a constitutional nature between the Government and the High Court of Cassation and Justice. The Constitutional Court’s decision sides with the Supreme Court in the dispute over the payment of judges’ salary arrears; however, the case between the Government and the High Court will continue in court.

The conflict arose after the High Court sued the Government for failing to pay certain salary rights established retroactively through court rulings. In March, the High Court asked the Bucharest Court of Appeal to order the state to pay 4.8 billion lei, representing salary arrears and related penalties.

The Bucharest Court of Appeal admitted the action at first instance and set penalties of 1% per day of delay, equivalent to approximately 48 million lei daily. The Government and the Ministry of Finance are expected to implement the ruling within 10 days of its becoming final. The court also provided for fines in the event of delay.

Ilie Bolojan argued that the court had exceeded its powers, while the Ministry of Finance warned that paying the amounts could destabilize the state budget. The Constitutional Court’s decision does not replace the examination of the appeal, so the dispute concerning the actual payment of the arrears continues in court.