The Constitutional Court has rejected the objection of unconstitutionality filed against the law approving the amendments to the SAFE Ordinance, leaving the way open for Romania to access European funds intended for defense and strategic infrastructure. The only remaining legal obstacle is the constitutional conflict between Parliament and the Government raised by Sorin Grindeanu, which is scheduled to be examined on June 10.
The European SAFE (Security Action for Europe) program has passed its first major constitutional test in Romania. The Constitutional Court rejected, by a majority vote, the objection of unconstitutionality filed against the law approving the amendments to the Emergency Ordinance implementing the European mechanism. As a result, the legislation was declared constitutional, and the Government may continue preparations to access European funds intended for defense investments and strategic infrastructure.
The Constitutional Court’s decision removes one of the two legal threats hanging over Romania’s participation in the SAFE program. However, the constitutional conflict complaint filed by the President of the Chamber of Deputies, Sorin Grindeanu, who claims that a constitutional conflict exists between Parliament and the Government regarding the same ordinance, still remains to be resolved.
What the Constitutional Court decided
The objection of unconstitutionality had been filed by several members of parliamentary groups and independent deputies. They challenged the law through which Parliament approved the amendments to Emergency Ordinance 21/2026, a legislative act that complements the national framework for implementing the European SAFE Regulation.
According to information provided by representatives of the Constitutional Court, the judges rejected the complaint and ruled that the law is constitutional. The decision was adopted by a majority vote.
The law adopted by the Senate at the end of May contains a series of amendments proposed by the head of the Prime Minister’s Chancellery, Mihai Jurca. These amendments allow SAFE funds to be allocated to institutions within the defense, public order, and national security system and modify the deadline within which these institutions may enter into financial commitments under the program.
Specifically, beneficiary institutions will be able to enter into commitments within 30 days of signing the loan agreement rather than after its approval, as required under the previous version of the regulation. The change is intended to accelerate project implementation and reduce administrative delays.
The final battle: Sorin Grindeanu’s complaint
Although the law has passed constitutional review, on June 10 the Constitutional Court will examine another case that could have significant consequences for the program. It concerns the request filed by the President of the Chamber of Deputies and PSD leader, Sorin Grindeanu, seeking recognition of a constitutional conflict between Parliament and the Government.
Grindeanu argues that the Government exceeded its constitutional powers when it adopted, through an emergency ordinance, the framework necessary for implementing the SAFE program without sufficient involvement from Parliament. In his view, Romania’s participation in a mechanism involving billions of euros in European loans and long-term strategic commitments should be decided primarily by Parliament, not exclusively by the Government.
If the constitutional judges rule in his favor, the Government could be required to restart part of the procedure and obtain additional parliamentary approval for certain measures. Conversely, if the complaint is rejected, the Government will effectively have a free hand to implement the program.
What SAFE is and why it is so important
SAFE represents the most ambitious European program for financing defense investments launched since the outbreak of the war in Ukraine. The mechanism makes up to €150 billion available to member states in the form of favorable loans intended to strengthen defense capabilities and develop strategic infrastructure.
In Romania, the program is primarily viewed through the lens of financing the defense industry and military projects. However, its impact is much broader.
The concept of military mobility promoted by the European Commission and NATO assumes that highways, railways, bridges, ports, and logistics infrastructure may have dual use: civilian and military.
For this reason, part of the infrastructure investments may become eligible for European funding linked to security objectives. In Romania’s case, this is particularly important for transport corridors to the Black Sea, connections with the Republic of Moldova and Ukraine, and the development of infrastructure along the Danube region.
Controversies surrounding the SAFE program
In Romania, the SAFE program has already generated political and economic controversy even before the actual use of the funds. One criticism raised in public debate concerns the contract under which Digi was selected to develop strategic communications components under a contract worth nearly €200 million. Critics argue that the procedures were not sufficiently explained to the public. The contract was signed between Digi and the Romanian Intelligence Service (SRI).
Another source of dissatisfaction concerns the large share of projects that could be awarded to the German group Rheinmetall and other major European arms manufacturers.
Critics argue that Romania risks taking on European loans without ensuring that a sufficient portion of the money returns to the local economy through industrial investments, new factories, or technology transfers. Supporters of SAFE, on the other hand, argue that participation in common European projects is the only way for Romania’s defense industry to attract long-term funding and contracts.
SAFE has also faced criticism at the European level. One of the main objections is that the program provides loans rather than grants. Even though the loans are offered on favorable terms, participating states will still have to repay the borrowed funds, potentially contributing to higher public debt.
Another controversy concerns eligibility conditions. The program primarily favors manufacturers from the European Union, Ukraine, and associated countries, which has sparked disputes regarding the access of companies from outside the European area to contracts financed through SAFE.
