The Constitutional Court will examine on Wednesday the dispute between the Government and the High Court concerning the payment of magistrates’ outstanding salary arrears

The Constitutional Court of Romania will begin examining at 10:00 a.m. on Wednesday the constitutional dispute between the Government and the High Court of Cassation and Justice, arising from the payment of outstanding salary entitlements owed to magistrates and other categories of personnel. The Constitutional Court must determine whether the High Court’s actions exceeded the constitutional powers of the judiciary or whether the Executive is required to provide the funds needed to enforce final judgments.

The dispute erupted after the High Court asked the Government and the Ministry of Finance to make available all the funds necessary to pay salary entitlements due in 2026. Interim Prime Minister Ilie Bolojan estimated the arrears at 4.8 billion lei. The Supreme Court also requested a budget revision and the imposition of penalties if the ruling is not enforced.

The Government argues that courts cannot decide how budgetary resources are allocated and accuses the judiciary of taking over the roles of the Executive and Parliament. In its referral to the Constitutional Court, the Executive invokes the principle of the separation and balance of powers in the state.

The High Court rejects the accusations and says it is seeking only to enforce final court rulings, not to assume budgetary powers. The Constitutional Court’s decision could clarify the limits of the two authorities’ powers and the steps needed to resolve the dispute.