Ombudsperson challenges SAFE-related Emergency Ordinance at Constitutional Court
Ombudsperson Renate Weber has challenged Emergency Ordinance (OUG) 38/2026 before the Constitutional Court of Romania (CCR). The ordinance, adopted by the Government led by Ilie Bolojan, also concerns the SAFE military procurement program.
OUG 38/2026, amending and supplementing several regulatory acts, was published in the Official Journal on May 8, 2026, three days after the Bolojan Government had been dismissed by a no-confidence vote in Parliament and was operating in an interim capacity.
In the complaint submitted to the CCR, the Ombudsperson argues that the ordinance violates several constitutional provisions: Article 1(3) on the rule of law, Article 1(5) on legal certainty and predictability, Article 44 on the right to private property, Article 79 on the Legislative Council, Article 110(4) on the termination of the Government's mandate, and Article 115(6), which prohibits the adoption of emergency ordinances affecting fundamental rights and freedoms.
In essence, the Ombudsperson notes that the final version of OUG 38/2026 adopted by the Government did not receive the mandatory opinion of the Legislative Council.
The institution also brings to mind that on May 5, the Government led by Ilie Bolojan was removed by a no-confidence motion, and that an interim Cabinet 'may only perform acts necessary for the administration of public affairs, without promoting new policies, until the members of the new Government take the oath.'
Consequently, according to the complaint, an interim Government cannot issue ordinances or emergency ordinances, nor can it initiate draft laws.
The Ombudsperson further explains that OUG 38/2026 primarily concerns the legal regime of property, as it amends Law 255/2010 to create the legal framework for public-interest works needed for national-security investments. This, the complaint argues, requires adoption by organic law, meaning the emergency ordinance should have been submitted for debate first to the Chamber of Deputies, not to the Senate. AGERPRES (RO - writing by: Eusebi Manolache; EN - writing by: Simona Klodnischi)
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