Decision on the fate of Defense funds. The SAFE Law, on the table of the Constitutional Court

The Constitutional Court of Romania is discussing, on Thursday, the referral regarding the Law approving the amendments made to the Government's Emergency Ordinance regarding the establishment of the Instrument “Action for the Security of Europe” (SAFE), according to Agerpres.
The objection of unconstitutionality was formulated on May 27 by a group of 53 deputies from several parliamentary and unaffiliated groups, according to News.ro.
The referral concerns both the approval law as a whole and, in the alternative, the provisions that would exceed the scope of the regulatory object of the SAFE Instrument and that concern areas such as PNRR, local public administration, the legal regime of the public function, the Administrative Code, as well as the matter of public procurement and ongoing contracts.
On May 26, the Senate adopted, with amendments, the Law on the approval of Emergency Ordinance 21/2026 for the amendment and completion of GEO 62/2025 regarding measures to implement Council Regulation (EU) 2025/1106 of May 27, 2025 establishing the Instrument “Action for the Security of Europe” (SAFE) by strengthening the European defense industry.
The amendments were proposed by the head of the Prime Minister's Office, Mihai Jurca, who reasoned that the Government has limited capacities and cannot adopt them.
These concern the distribution of funds granted to Romania to the institutions of the defense system, public order and national security, as well as their right to enter into commitments within SAFE within 30 days from the date of signing the loan agreement, and not from the date of approval of this agreement, as is currently the case.
69 votes “for”, three “against” and 31 abstentions were recorded.




