Romania Constitutional Court publishes reasoning on integrity law affecting Timișoara mayor

Constitutional Court reasoning

On 21 August 2026, the Constitutional Court of Romania (CCR) published its reasoning for Decision no. 883, which was adopted on 17 August 2026. The decision upholds a contested amendment to the Integrity Law, originally introduced by the Social Democratic Party (PSD) to the National Integrity Agency (ANI) framework. The provision requires the termination of an elected official's mandate within 30 days of the law taking effect if the official was definitively found to be in a situation of incompatibility or conflict of interest. The constitutional objection was submitted by 27 senators from the Save Romania Union (USR) and the National Liberal Party (PNL), who argued the clause violates the non-retroactivity principle under Article 15(2) of the Constitution. The majority ruling, supported by judges Mihaela Ciochină, Gheorghe Stan, Cristian Deliorga, Mihai Busuioc, and Csaba Asztalos, stated that the transitional rule applies to ongoing legal situations to protect public office integrity rather than imposing retroactive punishment on the individual holder.

Dissenting opinion from three judges

Published alongside the main decision in the Official Gazette no. 696, a separate dissenting opinion was signed by CCR President Simina Tănăsescu and judges Laura-Iuliana Scântei and Dacian-Cosmin Dragoș. The three dissenting judges argued that the provision establishes a newer and harsher penalty for acts committed and settled under previous legislation, while also overriding the electoral mandate expressed through voter ballots. In addition, the dissent criticized the court majority for expanding its constitutional review on its own initiative regarding financial interest declaration disclosures covering 42 categories of officials. The judges did, however, agree with the unanimous conclusion that the phrase regarding persons with relations similar to spouses was unconstitutional due to a lack of clarity.

Political reactions and Timișoara protests

The legal provision, known in public debates as the Fritz amendment, directly affects Timișoara Mayor and USR President Dominic Fritz, whose integrity case concluded with a definitive ruling at the High Court of Cassation and Justice in June 2026. Fritz responded to the published reasoning with public criticism directed at the majority ruling.

We can rest easy: the CCR-PSD reasoned that the sanction does not apply to me, but to my mandate.

Fritz also shared an analysis by USR deputy and lawyer Alexandru Dimitriu, who compared the ruling to repairing a vehicle instead of addressing the driver.

Only mandates do not commit conflicts of interest, people commit them, and the one left on the street is not the mandate, but the mayor elected twice by the people of Timișoara.

Following the initial 17 August decision, the USR Political Committee convened and reaffirmed unanimous political backing for Fritz as party leader. In Timișoara, more than 100 people gathered on the evening of 19 August in Opera Square to protest the amendment and the court decision. Former judge Cristi Dănileț also criticized the text of the majority reasoning on social media, asserting that the legal justification was unintelligible.