Romania’s Constitutional Court Faces Potential EU Court Referral in Pension Dispute
Romania’s Constitutional Court (CCR) is increasingly likely to refer the dispute over judges’ pensions to the Court of Justice of the European Union (CJEU), according to former CCR judge Augustin Zegrean. This potential move comes after the CCR postponed a decision on pension reforms for the fifth time, extending the deliberation period until February 18th.
The Fifth Postponement and Its Implications
The repeated delays have raised concerns about Romania potentially losing funds from the National Recovery and Resilience Plan (PNRR). Although, Zegrean emphasizes that the CCR should prioritize constitutional principles over financial considerations. He noted the court’s recent postponement appears to be a strategic move to assess a submission from the High Court of Cassation and Justice regarding a preliminary question for the CJEU.
Why a Referral to the CJEU?
Zegrean believes the CCR is leaning towards submitting a request for a preliminary ruling to the CJEU. If the CCR does refer the case, the process could take years. This isn’t unprecedented; Romanian courts frequently seek guidance from the European Court of Human Rights to ensure compliance with European legislation. The principle of the supremacy of European law is enshrined in Romania’s Constitution (Article 148), added in anticipation of EU accession in 2003.
The Core of the Dispute: Constitutional vs. European Law
The situation arises because the High Court believes the government’s proposed pension reforms may conflict with European legal provisions. If Here’s the case, Romanian judges are obligated to prioritize European law. Zegrean points out that the High Court, comprised of 120 judges, is considered the highest judicial authority in the country, lending weight to their concerns.
Past Delays and Shifting Justifications
Zegrean observed that the justifications for previous postponements have varied, but the current delay is directly linked to evaluating the potential for a CJEU referral. He questioned the rationale behind the continued delays, noting that with nine judges present, a debate and decision should have been possible.
The Risk of Losing EU Funds
Concerns are mounting that Romania could lose approximately €231 million due to the delays in resolving the pension reform issue. However, Zegrean cautions against framing the issue as a choice between funds and constitutional principles. He suggests that solutions existed to avoid this impasse, but the situation has reached a point where a clear resolution is needed.
What Happens if the CJEU Gets Involved?
A referral to the CJEU would significantly prolong the process. Zegrean referenced previous experiences where predicting outcomes was more certain, but now, given the unpredictable nature of Romanian legal proceedings, he refrains from making definitive predictions.
FAQ
- What is a preliminary ruling? A preliminary ruling is a request from a national court to the CJEU for clarification on the interpretation of EU law.
- Why is the CJEU involved in Romanian pension reforms? The High Court believes the reforms may conflict with EU law, necessitating a ruling from the CJEU.
- How long could a CJEU process take? The process could take years, according to Zegrean.
- What is Article 148 of the Romanian Constitution? It establishes the supremacy of EU law within Romania.
Read more: European Commission’s Reaction to CCR’s Continued Pension Decision Delay
Read more: Marinescu on the Latest CCR Delay Regarding Special Pensions
What are your thoughts on the potential CJEU referral? Share your opinions in the comments below!
