Romania Constitutional Court issues rulings on pension litigation and judicial appointments

The Constitutional Court of Romania (CCR) has issued two significant rulings regarding legal procedures and the organization of the judiciary.

In a decision published in the Official Gazette, the CCR confirmed the constitutionality of provisions governing social insurance litigation under old pension laws. The ruling establishes that decisions made on appeal in these cases are final and cannot be challenged via recourse. The Court rejected arguments that this limitation violates the right to access justice, stating that the right to justice does not mandate three levels of jurisdiction and that recourse serves as an extraordinary remedy rather than a full re-examination of the case.

In a separate matter, the CCR ruled that certain provisions of Law no. 317/2004 regarding the Superior Council of Magistracy are unconstitutional. Following an exception raised by the Judges' Forum Association of Romania, the Court found that allowing the Chief Inspector of the Judicial Inspection to approve regulations for inspector appointments via administrative order violates the principle of legality. The Court emphasized that essential aspects of the legal status of judicial personnel must be regulated by organic law rather than inferior administrative acts to uphold the rule of law.