High Court of Cassation and Justice to rule on magistrate salary arrears

The High Court of Cassation and Justice is expected to issue a final ruling in a legal battle against the Romanian Government and the Ministry of Finance regarding unpaid salary arrears for magistrates. The case stems from retroactive salary increases established through previous court decisions.

The dispute involves approximately 5 billion lei. The High Court previously ruled that the government must settle these debts, including through budgetary rectification, within 10 days of a final decision. Failure to comply carries a 1% daily penalty and a fine equivalent to 20% of the national minimum gross wage per day of delay.

In the lawsuit, signed by court president Lia Savonea, the High Court argues that the non-payment violates the property rights of judges holding unexecuted titles for over a decade. Furthermore, the court accuses the government of undermining the principle of the separation of powers and the legitimacy of the judiciary. The government has sought to involve the Constitutional Court and the Court of Justice of the European Union to determine if courts can legally mandate additional budgetary allocations.