GEO No. 73/2025: Legal Framework for Strategic Investments in the Defence Industry
In a regional context marked by instability and increasing security pressures, Romania is repositioning its defence industry as a pillar of strategic autonomy, supporting the commitments undertaken within NATO and the EU. Government…

In a regional context marked by instability and increasing security pressures, Romania is repositioning its defence industry as a pillar of strategic autonomy, supporting the commitments undertaken within NATO and the EU. Government Emergency Ordinance (GEO) No. 73/2025 on certain measures regarding investments in the field of national security addresses the need for a predictable legal framework for the development of the local defence industry and for attracting investments in military capabilities, advanced technologies and critical industrial infrastructure. GEO No. 73/2025 establishes the rules governing the construction, modernization, reconversion and expansion of defence production and service facilities, where such projects are necessary to protect essential national security interests and concern the production or trade of defence products.
According to a draft law approving GEO No. 73/2025, currently under parliamentary debate, the legislator is expected to introduce certain clarifications, required under the principles of legislative drafting, regarding notions such as “investor”, the mechanism for carrying out investments and their legal regime—elements which, in their current form, may give rise to unclear interpretations. Who can invest and under which conditions Eligible investors are legal entities from EU, NATO member states, or countries that have concluded economic and strategic partnerships with Romania, which have the necessary financial capacity, technical licences and relevant know-how. They may also acquire participations conferring managerial and operational control, provided they comply with the National Standards for the Protection of Classified Information in Romania and undergo the required security checks for the management of the companies involved. Security filter and state control Projects are subject to a twofold approval mechanism:
- CSAT, for assessing the impact on national security;
- CEISD, within the framework of the foreign direct investment examination regime, in accordance with Regulation (EU) 2019/452.
The state reserves its supervisory role through the relevant ministry, which validates the investment mandate and can intervene if essential security interests are affected. Special legal status of investments From a legal point of view, investments made under the ordinance are assimilated to public utility works and projects of national interest and national security, which allows:
- expropriation for reasons of public utility;
- prioritization of projects, even in the event of affecting protected natural areas;


