CCR admits Sorin Grindeanu’s referral in the case of the SAFE ordinance

On Thursday, the Constitutional Court upheld, by 5 votes to 4, the complaint filed by Sorin Grindeanu and found that there was a legal conflict of a constitutional nature between Parliament and the Government regarding the adoption of Government Emergency Ordinance 38/2026 on Romania’s participation in the SAFE Programme. The complaint submitted by the People’s Advocate concerning the same ordinance was postponed.

The PSD leader’s action concerned the manner in which the Government led by Ilie Bolojan adopted and submitted the normative act for publication after its dismissal through a no-confidence motion. According to the complaint, the draft was amended on 5 May, the day of the motion, and the final version was sent to the Official Gazette on 8 May. Grindeanu argued that the interim Executive could only manage current affairs and no longer had legislative powers.

The law approving the ordinance is currently undergoing legislative procedure in the Chamber of Deputies. Romania has been allocated EUR 16.7 billion through SAFE, in the form of loans with an interest rate of no more than 3%, a ten-year grace period, and repayment spread over approximately 30 years. More than EUR 9 billion is already covered by contracts, and the CCR decision could create uncertainties for projects dependent on the mechanisms introduced by the ordinance. These include the expropriation of certain industrial assets and the takeover of stakes or assets belonging to strategic companies.