Constitutional Court to rule today on government’s duty to pay judges’ salary arrears

On Wednesday the Constitutional Court will hear a petition filed by interim Prime Minister Ilie Bolojan concerning a constitutional dispute with the High Court of Cassation and Justice over the payment of judges’ salary arrears. Magistrates have increased their own pay through court decisions, ignoring the legal framework that sets judicial salaries, and the resulting obligations amount to billions of lei. Bolojan contends that the judiciary has usurped executive and legislative powers in budget matters, which are exclusively reserved for those branches under Law 500/2002 and the Administrative Code.

The High Court previously ordered the government and the Ministry of Finance to settle the arrears, imposing a daily penalty of 1% on the sum and a fine of 20% of the minimum gross salary per day of delay. The government warns that complying with the court’s order would jeopardize the separation of powers and strain the national budget. The outcome will determine whether the judiciary can enforce such financial obligations on the state.