Caracterul constitutiv al deciziei de recalculare prevăzute de art. 144 din Legea nr. 360/2023 și limitele controlului jurisdicțional – notă critică asupra Deciziei Curții de Apel Timișoara nr. 225/2026
The constitutive nature of the recalculation Decision issued under Article 144 of Law No. 360/2023 and the limits of judicial review – critical commentary on Decision No. 225/2026 of the Timișoara Court of Appeal

Summary/Abstract: This study examines the legal nature of the pension recalculation decision issued under Article 144 of Law No. 360/2023, based on a critical analysis of Timișoara Court of Appeal Decision No. 225/2026.The central issue concerns whether this act is declaratory or constitutive and the consequences of this classification for the scope of judicial review.The article argues that the recalculation decision is constitutive as regards the pension amount, since it establishes a new patrimonial entitlement and produces effects for the future.Consequently, judicial review cannot be confined to the mathematical formula alone, but must also extend to the legality of the elements forming the calculation basis.The analysis highlights the binding role of High Court Decision No. 28/2024, the continuity of the Romanian legal framework governing pension recalculations, and the convergence of European standards concerning effective judicial review of administrative acts affecting patrimonial rights.

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