Reactions to a CCR ruling
The Constitutional Court ruled that the provision under which elected officials found to be in a state of incompatibility may lose their mandate is constitutional
Mihai Pelin, 18.08.2026, 14:00
Parliament in Bucharest will convene once again for a special session; the Constitutional Court (CCR) ruling on Monday on the new integrity law—a milestone under the National Recovery and Resilience Plan (PNRR)—compels lawmakers to swiftly amend the legislation to prevent Romania from losing 770 million Euros. The law must be promulgated by the end of the month. Constitutional Court judges ruled on challenges filed by Nicușor Dan, as well as by the PNL and USR, contesting amendments introduced by the PSD and AUR (the social-democratic and the populist, ultra-nationalist opposition parties) regarding the retroactive sanctioning of local elected officials found to be in a state of incompatibility and the extension of asset and interest disclosure requirements to include life partners.
The Constitutional Court judges upheld the amendment stripping mayors declared incompatible of their mandates, but rejected the requirement for the life partners of public officials to declare their assets. Furthermore, the Court has reaffirmed that asset declarations will no longer be public; they will remain confidential, held by the National Integrity Agency. In the judges’ view, the legislature cannot impose legal obligations on individuals involved in personal relationships that are not legally recognized by the state. The issue became highly politically charged after being linked to the situation of Mirabela Grădinaru, the life partner of President Nicușor Dan.
However, she made public her income and interest declarations in a move presented as an act of transparency. Regarding the regulation of sanctions for conflicts of interest, the judges say that this falls within the legislature’s margin of appreciation, and that the temporal application of these measures—via adopted transitional rules—was carried out according to the Constitution. Over 120 individuals risk losing their positions following the Constitutional Court’s ruling, which mandates the loss of one’s mandate or office in cases where there are final court decisions confirming violations of the rules on incompatibilities and conflicts of interest.
Among them there are 47 officials currently holding elected or public office. The most prominent name is that of Timișoara Mayor Dominic Fritz, who received a final ruling against him from the High Court of Cassation and Justice in June. The USR leader reacted immediately, denouncing a gross abuse of power validated by the magistrates. He objects to the retroactive application of the law and has announced plans to take the matter to the European Court of Human Rights.
The Constitutional Court meeting took place against the backdrop of public controversy sparked off by a recent unannounced meeting at the Senate between the Court’s President, Simina Tănăsescu, and acting Prime Minister Ilie Bolojan. The Superior Council of Magistracy, court leadership, and magistrates’ associations demanded urgent public clarifications, arguing that such an informal meeting raised legitimate questions and undermined confidence in the impartiality of the judiciary. In response, CCR President Simina Tănăsescu firmly and categorically dismissed any speculation, stating that the discussions focused exclusively on administrative and institutional matters and had no connection to pending cases. Furthermore, the CCR President appointed a different rapporteur judge to take over her duties regarding the case concerning the Integrity Law.
(bill)
