Court Faces Budgetary Test Over Judges’ Bonuses

Constitutional Court’s Decision Sparks Controversy Amidst Government Austerity Measures

The Constitutional Court (CCR) is set to deliberate on Tuesday regarding substantial allowances for outgoing judges, sparking a clash with government austerity. This decision comes as the executive branch tightens its belt, setting the stage for a potential legal and financial showdown.

Judges’ Allowances Under Scrutiny

The CCR is considering providing three judges, Marian Enache, Livia Stanciu, and Attila Varga, with individual bonuses of 180,000 lei. This decision arises despite the government’s ban on such payments within the budget system. According to sources, the court’s budget doesn’t currently have the necessary funds.

The potential payments for the three judges, who conclude their mandates in July, surface amidst the government’s cost-cutting measures. These cuts aim to address the budget deficit, a policy initiated by the Ciolacu Government.

Article 71, paragraph 5 of the RCC’s operational law stipulates that RCC judges are entitled to receive six net salaries upon completing their terms. This provision contrasts with the Ciolacu Government’s decision to halt such allowances through GEO 156/2024, known as “TRAGEȚ ORDER.”

The law prevents public authorities from issuing allowances for retirements or terminations in 2025. A legal expert from G4Media mentioned that the judges’ situation is neither aid nor allowance, but the payment is, in fact, illegal.

Financial Hurdles and Legal Questions

The absence of these payments in the 2025 RCC budget presents a practical issue. G4Media reports that the court is contemplating transferring funds from a different budget line, potentially the investment budget, to cover the costs.

The RCC has faced public scrutiny recently, including allegations about expenses in the budget. The parliament later passed an amendment to reduce such amounts.

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In 2023, the Romanian government spent approximately 1.3% of its GDP on public sector wages, a figure that may drive current budgetary decisions (Eurostat).

Legal Interpretations and Potential Outcomes

The situation poses questions about legal interpretations and budgetary priorities. The court’s decision will likely have ramifications, influencing future financial planning and legal debates.

The CCR’s final decision will likely face public reaction. The choices made will resonate within the legal and financial sectors of the nation for some time.