Romania's Constitutional Court Annuls Bolojan Government's SAFE Ordinance

Romania's Constitutional Court (CCR) has admitted a challenge filed by Chamber of Deputies President Sorin Grindeanu concerning Emergency Ordinance 38/2026, known as the SAFE ordinance. The court found a constitutional conflict between Parliament and the government led by Ilie Bolojan, ruling by five votes to four.

The dispute centers on the timing of the ordinance's adoption and publication. Grindeanu argued that the project was substantially expanded on the morning of May 5 with twelve additional articles. Parliament passed a censure motion dismissing the Bolojan cabinet on the same day, and the ordinance was later published in the Official Gazette on May 8.

“The Bolojan government transformed itself from a delegated legislator, whose democratic mandate had just been withdrawn, into a competing legislative authority with Parliament.”

Grindeanu contended that a dismissed government may only carry out acts necessary for the current administration of public affairs under Article 110, paragraph 4 of the Constitution. He argued that the cabinet exceeded its constitutional limits by issuing a normative act with the force of primary law and by regulating legislative solutions already under parliamentary debate.

The SAFE ordinance includes measures to implement the European SAFE program, through which Romania is to use approximately 16.7 billion euros in European funding. The stakes involve the legality of the normative act, the continuation of military investments, and Romania's use of that funding.

The CCR's decision opens a new legal stage in which the ordinance could be amended or revoked, and strategic investments could face blockages. The exact scope of the findings and the obligations imposed on authorities will be established from the official ruling and its reasoning.

The court's decision on the existence of the conflict validates Grindeanu's challenge on admissibility grounds. Further legal steps will depend on the publication of the full decision and its reasoning.