High Court of Cassation and Justice
PRESS RELEASE
In its session of 11 March 2024, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered two appeals in the interest of the law and returned the following Judgments:
Decision no. 3 in Case No. 2641/1/2023
Sustains the appeal in the interest of the law brought by the Public Prosecutor of the Public Prosecutor’s Office next to the High Court of Cassation and Justice.
In the uniform interpretation and application of Article 38 para. (6) of Framework Law No 153/2017 on the remuneration of staff paid from public funds, as amended, and the provisions of Art. 82 para. (1) of the Law no. 303/2004 on the status of judges and prosecutors, republished, as amended, establishes that:
’’The rights granted by final judgments representing differences resulting from the use of the multiplication coefficients provided for in point. A no. 6-13 of the Annex to Government Emergency Ordinance No 27/2006 on the salaries and other rights of judges, prosecutors and other categories of staff in the justice system, approved with amendments and additions by Law No. 45/2007, with subsequent amendments and additions, for prosecutors of the National Anticorruption Directorate and the Directorate for the Investigation of Organised Crime and Terrorism, are in the legal nature of compensation and are therefore not included in the amount of the magistrates’ employment allowances and cannot be taken into account in determining the basis for calculating the service pension.
The amount of such compensation is subject to the ceiling laid down in Article 38 para. (6) of the Framework Law No 153/2017 if the exceeding of this limit is caused by the use of the mentioned multiplication coefficients.’’
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 11 March 2024.
Decision no. 4 in Case No. 2393/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Alba Iulia.
In the interpretation and uniform application of Article 38 para. (6) of the Framework Law no. 153/2017 on the salaries of staff paid from public funds, as amended, establishes that:
’’The rights granted to judges and prosecutors, by final court decisions, representing differences resulting from the use of the multiplication coefficients provided for in no. 6 to 13 of point. A of the Annex to Government Emergency Ordinance No 27/2006 on the salaries and other rights of judges, prosecutors and other categories of staff in the justice system, approved with amendments and additions by Law No 45/2007, with subsequent amendments and additions, for prosecutors of the National Anticorruption Directorate and those of the Directorate for the Investigation of Organised Crime and Terrorism, have the legal nature of compensation.
The amount of such compensation is subject to the ceiling laid down in Article 38 para. (6) of the Framework Law No 153/2017, if its excess is determined by the use of the mentioned multiplication coefficients.
The employment allowances to which reference is made are those contained in Annex No V, Chapter I of the Framework Law No 153/2017 and which correspond to the function, professional grade, seniority and grade of each judge or prosecutor.’’
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 11 March 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.