Before the publication of the CSM data, the European Court of Human Rights declared inadmissible the complaints lodged by five Romanian judges and former judges concerning the delayed and staggered payment of salary arrears established by court judgments. The ECHR held that a lack of funds does not, in principle, justify non-enforcement of judgments, but considered that, in the circumstances examined, the authorities had adopted successive measures for gradual payment due to economic and fiscal constraints, without affecting the essence of the applicants’ right.
Separately, against the backdrop of the same category of disputes, the High Court of Cassation and Justice postponed several times the delivery of its decision in the case against the Government and the Ministry of Finance concerning the payment of judges’ salary arrears, with approximately 5 billion lei at stake. Requests were also made in the case for referral to the Constitutional Court and the CJEU, while the Bucharest Court of Appeal had previously ordered enforcement of the decision, with penalties for delay.