President Nicusor Dan sent to the Constitutional Court of Romania a complaint of unconstitutionality regarding the Law on the approval of the Emergency Ordinance on the corporate governance of public enterprises, as well as for the repeal of certain provisions of normative acts, claiming that it does not respect the principle of bicameralism of the legislature.
The Law on the approval of Government Emergency Ordinance No. 22/2025 for the amendment and completion of Government Emergency Ordinance No. 109/2011 on the corporate governance of public enterprises, of Law No. 187/2023 for the amendment and completion of Government Emergency Ordinance No. 109/2011 on the corporate governance of public enterprises, as well as for the repeal of certain provisions of normative acts (PL-x No. 137/2025) was sent for promulgation on March 21.
The ordinance brings a series of amendments regarding the manner of filling positions in the structure of management bodies and the functioning of boards of directors at the level of corporate organizations.
The sole article of the criticized law provides that in article I, after point 7, a new point is introduced, with the following content: "In article 8, paragraph (9) is amended and will have the following content: The payment of professional liability insurance is made by the public enterprise, is not part of the remuneration and will be mentioned in the mandate contract in the amount and liability limits established by the public guardianship authority. Other benefits will also be mentioned in the mandate contract, under the condition that the total benefits granted in one year of mandate do not exceed the value of two fixed gross monthly allowances".
The amendments made to the Chamber of Deputies, the decision-making chamber, violate the principle of bicameralism, enshrined in the provisions of art. 61 paragraph (2) and art. 75 paragraph (4) of the Constitution, the head of state pointed out.
Following the legislative course of the adopted normative act, explained Nicuşor Dan, it can be noted that all the amendments and additions adopted by the Senate were eliminated by the Chamber of Deputies, and the Senate did not discuss the normative content of the point introduced by the Chamber of Deputies as a decision-making chamber, aspects likely to violate the principle of bicameralism.
"Both OUG no. 22/2025 and the Senate version of the law approving the ordinance in question did not target the text of the law from art. 8 paragraph (9) of EGO no. 109/2011, being amended for the first time in the decision-making chamber, on the occasion of the debate on the law approving the ordinance, in a relevant sense, which would have required the text to be resubmitted to the first chamber, in order to be put into debate and to ensure the possibility for the Senate to rule on it. Otherwise, the law would enter into force containing an amendment that the Senate is not aware of," the head of state specified.
As a result, the law "contradicts the principle of legality, the principle of bicameralism, as well as the principle aimed at protecting national interests in economic activity," the president pointed out.
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