Revocarea administratorilor „în vederea Jalonului 121 PNRR” – între exigențele Constituției și presiunile mecanismului PNRR
Revocation of administrators ‘to achieve PNRR milestone 121’ – between the requirements of the Constitution and the pressures of the PNRR mechanism

Summary/Abstract: In early 2025, the European Commission found milestone 121 of Romania’s Recovery and Resilience Plan unfulfilled and withheld part of the funds. Facing the potential loss of these resources, the Romanian Government passed emergency ordinances allowing the early removal of state-owned companies’ board members without cause to meet that milestone. These measures violate core constitutional principles: the non-retroactivity of law, legal certainty, legality, and the presumption of innocence. The new grounds for dismissal apply retroactively to ongoing contracts, render the legal framework unpredictable, and mean administrators are dismissed on the basis of judicially unconfirmed suspicions. By leveraging financial conditionality, the Commission overstepped its competence and encroached upon the domestic legal order. This sets a dangerous precedent, straining the balance between EU-imposed requirements and domestic constitutional principles, and calling into question Romania’s constitutional identity and the limits of EU competence.

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