Constitutional Court Ruling on the SAFE Program

The Constitutional Court of Romania has ruled that the adoption, with amendments, of the Government’s emergency ordinance regarding the SAFE program complies with constitutional provisions.

Sorin Iordan, 05.06.2026, 13:50

The Constitutional Court of Romania (CCR) has rejected the complaint filed by 53 members of parliamentary groups in the Chamber of Deputies and by independent deputies against the Government’s emergency ordinance regarding the Security Action for Europe program, known as SAFE. The ordinance was adopted on May 26, with amendments proposed by Mihai Jurca, head of the Prime Minister’s Office and national coordinator of the program. The amendments concerned the allocation of funds granted to Romania to institutions within the defense, public order, and national security sectors, as well as their right to enter into commitments under SAFE within 30 days of the date the loan agreement is signed, rather than from the date of approval of that agreement, as previously stipulated. Jurca explained that the amendment was necessary given that the government in Bucharest has limited capacity following its dismissal via a no-confidence motion.

By a majority vote, the Constitutional Court ruled that the adoption, via an emergency ordinance, of a package of legislative measures aimed at establishing the SAFE instrument does not violate the provisions of the Constitution. The CCR judges noted that granting certain key state institutions broad powers to coordinate, negotiate, propose, amend, and implement the SAFE Plan cannot be construed as a “negative” impact on their status. The head of the Prime Minister’s Office, Mihai Jurca, welcomed the CCR’s decision and noted that SAFE is the instrument through which Romania is accelerating its modernization, strengthening its security, and building industrial capabilities that must remain in the country in the long term. He said that the stakes of this program are not just the procurement of equipment, but above all local production, technology transfer, maintenance, jobs, and the integration of Romanian industry into the European defense supply chains. However, the emergency ordinance regarding the SAFE program is still the subject of a challenge before the CCR.

The Speaker of the Chamber of Deputies, Social Democratic leader Sorin Grindeanu, has raised a constitutional legal dispute between the Government and Parliament, arguing that the Executive adopted the document after it had been dismissed by a motion of no confidence and no longer had the authority to make such decisions. The Court will review the complaint at its June 10 session. Through the Security Action for Europe instrument, Romania will receive approximately 16.7 billion Euros for the procurement of military equipment and infrastructure. About a quarter of the funds will be used to carry out strategic road infrastructure projects, while the remainder is earmarked for military purposes. To date, the Romanian government has signed contracts to purchase infantry fighting vehicles, naval vessels, air defense systems, military drone systems, surface-to-air missiles, radars, and helicopters. Furthermore, in light of the threat posed by Russian drones, Bucharest has ordered modern air defense and anti-drone systems. (LS)