The Social Democratic Party appealed to the Constitutional Court (CCR) the last emergency ordinance of the Bolojan Government (OG 38/2026), a normative act that also targets the SAFE Program for endowment of the army.
Grindeanu says that Bolojan would have violated the constitutional limits PHOTO Inquam Photos / Octav Ganea
The social democrats claim that the Government led by Ilie Bolojan would have acted in serious violation of the constitutional limits, arguing that, when a government is dismissed and is interim, it does not have the possibility to issue an emergency ordinance, but only laws sent to the Parliament, and the Parliament should be the one to decide on those normative acts.
GEO 38/2026 was published in the Official Gazette on May 8, three days after the Bolojan Government had been dismissed by a motion of censure and was functioning as an interim Executive. The normative act has already been contested at the CCR by the People's Advocate, Renate Weber.
We remind you that, on May 14, the Permanent Bureau of the Senate mandated the president of the forum, Mircea Abrudean, to notify the Constitutional Court in relation to a possible legal conflict between the Parliament and the Government regarding the procedure for adopting GEO 38/2026, which also covers the SAFE Program for endowment of the army.
The Commission for Constitutionality had previously established the existence of a legal conflict of a constitutional nature, and its point of view was transmitted to the Permanent Bureau, according to Agerpres.
“At the meeting of the Permanent Bureau on May 13, 2026, it was decided to mandate the President of the Senate to notify the Constitutional Court regarding the existence of a possible legal conflict of a Constitutional nature between the Parliament of Romania and the Government regarding the procedure for adopting the draft law regarding the approval of GEO 38/2026 for the modification and completion of some normative acts“, it is stated in the document submitted to the President of the Commission, Nadia-Cosmina Cerva.
The Permanent Bureau fully adopted the Commission's point of view.
Zamfir: “A new opinion of the Legislative Council would have been required”
Daniel Zamfir, the leader of the PSD senators, had previously criticized the way the ordinance was adopted:
“The dismissed Ilie Bolojan government sent an GEO to the Official Gazette, even though he was no longer in office. (…) On May 4, before the dismissal, the Bolojan Government had on its agenda that emergency ordinance regarding the SAFE Program for endowment of the army. During the meeting, 12 items were added to that ordinance, including facilities granted to some economic agents, which from our point of view would be required a new opinion of the Legislative Council, considering the fundamental change of the Ordinance“.
Abrudean: “There is no problem”
In reply, Mircea Abrudean, the president of the Senate, emphasized that the procedure was respected.
“There is no problem”he affirmed, explaining that, from his perspective as former Secretary General of the Government, the process was “as clear as possible” and according to Law 561/2009.
According to the President of the Senate, “the ordinance was adopted on time, i.e. on May 4, later there were some changes during the Government meeting, something that happens frequently. A new opinion of the Legislative Council was necessary, which came again during the period in which the Government was still in office, it was not dismissed on May 5. Later, it was brought back to the May 8 meeting to take note of that opinion, so there was no violation of any kind”.
