Romania's National Liberal Party (PNL) and Save Romania Union (USR) have referred the recently adopted Integrity Law to the Constitutional Court (CCR), arguing that one of its key provisions violates the constitutional principle prohibiting the retroactive application of legislation, Ziarul Financiar reported.

The law is a milestone under Romania's National Recovery and Resilience Plan (PNRR). If it is not enacted by August 31, Romania risks losing a EUR 771 million grant under the European Union's Recovery and Resilience Facility (RRF).

The constitutional challenge focuses on an amendment adopted by Parliament at the initiative of the Social Democratic Party (PSD), which provides that local elected officials previously found to have been in a conflict of interest would lose their mandates once the new law enters into force, even though the legislation in force at the time did not impose such a sanction.

PNL and USR argue that the provision breaches Article 15 of Romania's Constitution, which stipulates that laws apply only to future situations, except where new criminal provisions are more favourable to the accused.

The amendment has been widely linked to the case of Timișoara Mayor Dominic Fritz. Romania's National Integrity Agency (ANI), with the finding subsequently upheld by the courts, determined that Fritz had been in a conflict of interest after approving an urban planning document involving a local councillor who had previously lent him money during an electoral campaign.

Following the constitutional challenge, PSD accused PNL and USR on August 6 of jeopardising the EUR 771 million RRF grant by delaying the law's entry into force.

The Social Democrats argued that referring the legislation to the Constitutional Court risks preventing Romania from meeting the August 31 deadline attached to the reform milestone. However, the party did not address the opposition's argument that the contested amendment may be unconstitutional because it applies sanctions retroactively.

The Constitutional Court will now determine whether the disputed provisions comply with the Constitution. Its ruling will also determine whether the legislation can be promulgated in time for Romania to fulfil the relevant RRF commitment.

(Photo: Octav Ganea/ Inquam Photos)

iulian@romania-insider.com