Romania Advances Magistrates' Pension Reform Amidst Legal Challenges

Government Assumes Responsibility for Judicial Pension Bill

The Romanian government, led by Prime Minister Ilie Bolojan, advanced a contentious bill to reform magistrates' pensions in Parliament on December 2, 2025, by assuming responsibility for the legislation. This procedural move allows for the bill's automatic adoption unless a no-confidence motion is filed and passed within three days. The reform is a critical component of Romania's commitments under the National Recovery and Resilience Plan (NRRP), with the country risking the loss of EUR 231 million in European funds if the changes are not implemented.

Key Changes to Retirement Conditions

The proposed legislation introduces significant alterations to the retirement framework for judges and prosecutors, aiming to align their pension system more closely with general public pension standards. Key provisions include:

  • A gradual increase in the retirement age to 65 years, up from the current range of 48-50 years.
  • An increase in the minimum required length of service from 25 years to 35 years.
  • A cap on pensions at 70% of the last net salary. This replaces a previous system where pensions could be as high as 80% of the last gross salary, sometimes exceeding the net salary received during active service.
  • The transition period for these changes will be extended from 10 to 15 years.
  • The elimination of early retirement options for magistrates before reaching 58 years of age, with a 2% penalty for each year if retiring before the standard age.

Prime Minister Bolojan emphasized that the reform seeks to address 'a social injustice' and ensure the long-term sustainability of the pension system, noting that magistrates' pensions are considerably higher than the national average.

Previous Setbacks and Ongoing Opposition

This is the government's second attempt to pass the pension reform. An earlier version of the bill was rejected by the Constitutional Court of Romania (CCR) on October 20, 2025, citing procedural flaws, specifically the lack of a formal opinion from the Superior Council of Magistracy (CSM). Although the CSM subsequently issued a negative opinion on the new bill, its role is consultative. Despite this, the government proceeded, with Prime Minister Bolojan stating that the objection was 'exclusively procedural' and that the reform remains a 'firm objective'.

Anticipated Legal Challenges

The current legislation is expected to face further scrutiny and potential challenges. The High Court of Cassation and Justice (ICCJ), which filed the complaint leading to the previous CCR rejection, is anticipated to request another review by the Constitutional Court. The government's decision to assume responsibility for the bill underscores the urgency to meet EU requirements and address the country's budget deficit.

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5 Comments

Avatar of Donatello

Donatello

This reform tackles a huge social injustice. Pensions should be equitable.

Avatar of Leonardo

Leonardo

Increasing the retirement age and length of service aligns magistrates more with general pension standards, which is a positive step towards equity. However, the consistent opposition from judicial bodies indicates that the method of implementation might be too aggressive, potentially leading to further instability.

Avatar of Donatello

Donatello

This undermines judicial independence. A very dangerous precedent.

Avatar of Michelangelo

Michelangelo

Finally, some fairness in pensions! High time magistrates contribute like everyone else.

Avatar of Donatello

Donatello

Securing the EUR 231 million in European funds is undeniably important for Romania's development, yet the repeated legal challenges and the government's forceful approach suggest a deeper conflict. We need reform, but not at the expense of a stable legal framework.

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