ÎCCJ rejects the Government’s appeal in the case concerning magistrates’ outstanding salary payments

Gabriel Dumitrache

15 October 2026, 12:55

Current Affairs

Inquam Photos / Octav Ganea

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The High Court of Cassation and Justice (ÎCCJ) rejected the appeal filed by the Government and the Ministry of Finance in the case concerning the payment of salary arrears claimed by judges and prosecutors. The decision upholds the ruling of the Bucharest Court of Appeal of May 5, 2026, which ordered the Executive to ensure the funds necessary to pay the amounts due this year.

The financial stakes of the case amount to approximately 5.2 billion lei, equivalent to more than one billion euros. The money represents outstanding salary entitlements, not an increase currently granted to all magistrates.

The arrears stem from salary recalculations and increases established in 2023, based on levels recognized following court rulings. The calculations also covered periods beginning in 2018, while payment of the amounts was in some cases postponed or staggered.

The Bucharest Court of Appeal also provided for the possibility of a budget adjustment to secure the funds. The Government challenged the obligation, arguing that the allocation of funds and budget adjustments fall within the duties of the authorities responsible for public finances. Interim Prime Minister Ilie Bolojan also referred the matter to the Constitutional Court; however, on October 7, the CCR rejected the referral concerning the existence of a constitutional conflict. The ÎCCJ decision puts additional pressure on the budget and the public deficit.

Context: The Government challenged in court the obligation to pay magistrates’ salary arrears, including through a budget rectification

The High Court of Cassation and Justice was due to rule on the appeal filed by the Government and the Ministry of Finance against the decision of the Bucharest Court of Appeal of May 5, 2026. The CAB decision had obliged the Executive to ensure the funds necessary for paying salary entitlements overdue and due in 2026, including through a budget rectification, with enforcement deadlines and penalties for late payment.

In parallel, the Government challenged the obligation, invoking the exclusive powers of the authorities responsible for public finances, and attempted to secure the intervention of the Constitutional Court. The referral by interim Prime Minister Ilie Bolojan was rejected as inadmissible, and the proceedings continued at the appeal stage, with several postponements of the ruling at the High Court of Cassation and Justice.

The dispute was fueled by the way the arrears had been generated, through recalculations and salary increases established in 2023, with effects also for earlier periods, while payment was in some cases postponed or staggered. In this context, the High Court of Cassation and Justice was called upon to clarify whether the Government must allocate additional funds to enforce court decisions.