The European Commission has requested detailed clarifications from Romanian authorities regarding the new Integrity Law, especially concerning the controversial „Fritz amendment,” which could lead to the termination of mandates for local elected officials and dignitaries.
Brussels wants to know, among other things, how it may affect situations prior to the law coming into force and whether the measure complies with European principles regarding legal certainty, proportionality, and non-retroactivity.
The request has been officially transmitted to the authorities in Bucharest, according to sources from SpotMedia. Romania has two weeks to respond to the European Commission's inquiries.
The stakes are high, especially in terms of European funds: the Integrity Law is part of the reform related to the latest payment request from the PNRR, amounting to 770 million euros.
What the European Commission wants to know
According to the document consulted by G4Media, the European Commission requests explanations on seven aspects of the new provisions.
Brussels wants to know if the automatic termination of mandates takes into account the seriousness of each case and if there is a risk of a person being sanctioned twice for the same offense.
The Commission also requests data on the total number of elected officials who would be affected, the legal nature of the sanction, the possibility that the measure will not be applied in minor cases, and the existence of effective avenues of recourse.
One of the central issues is applying the new provisions to individuals who have received definitive decisions in the past regarding incompatibility or conflicts of interest.
According to Digi24, EU officials want to determine if the changes comply with legal certainty, European law, the principle of proportionality, and the prohibition of retroactive application of the law.
The Commission is also analyzing whether the automatic loss of a mandate obtained through voting is proportional to the severity of the offense for which the individual was sanctioned.
Why it's called the "Fritz amendment"
The provision was introduced in Parliament with the votes of PSD and AUR and was later validated by the Constitutional Court.
It foresees the automatic termination of mandates, 30 days after the law comes into force, for certain individuals targeted by definitive decisions regarding incompatibility or conflicts of interest.
Among those affected is the mayor of Timișoara and the leader of USR, Dominic Fritz, hence the name "Fritz amendment." However, the provision does not only target him but can also affect other elected officials.
USR and other critical voices argue that the measure has retroactive effects, as it could lead to the loss of a current mandate for past actions and decisions.
What happens with the 770 million euros
The Integrity Law is relevant for Romania's final payment request from the PNRR.
The European Commission had already stated, a week ago, that the law will be evaluated within the sixth and final payment request, which has not yet been submitted by Romanian authorities.
The issue had already reached Brussels after the leaders of the EPP and Renew Europe, Manfred Weber and Valérie Hayer, asked the President of the European Commission, Ursula von der Leyen, to condition the payment of the 770 million euros on compliance with the principles of the rule of law and EU legislation.
However, the Commission has now moved on to a concrete request for explanations from Romanian authorities. Depending on the responses received, Brussels may request additional information before determining whether the Integrity Law complies with Romania's commitments under the PNRR.