On a Norm which Clearly Lacks Urgency in the Government Emergency Ordinance No. 9/2025 and Its Defective Implementation

Abstract

Article IV of Emergency Ordinance No. 9/2025—which regulates measures related to certain projects for the expansion and repurposing, conversion, or modernization of natural gas transportation and distribution networks, modifies and supplements certain legislative acts, and repeals Government Decision No. 1,261/2024 that approved the financing from the Environmental Fund for such projects—amends Article 38 of Framework Law No. 153/2017 on the remuneration of personnel paid from public funds. It does so by introducing a new paragraph that regulates a case of ipso jure termination of the employment relationship for contract staff paid from such funds. Thus: The emergency ordinance contains legal provisions that were allegedly adopted in violation of Article 115(4) of the Romanian Constitution; The lack of urgency for such regulation is confirmed by the suspension of its application through Article VI of Emergency Ordinance No. 12/2025; The provision introduced via Article IV modifies an article of law concerning only the remuneration of public-funded personnel, not the termination of employment/contractual relationships; Its practical implementation could be flawed, due to a lack of proper interpretation in correlation with Article 56(1)(c) of Law No. 53/2003 – the Labor Code, which it refers to; This legislative amendment appears to stem from High Court Decision No. 91/2024, which dealt with the ipso jure termination of public service due to a retirement decision—specifically, in cases where the individual requested to remain in public service