Dissenting CCR Judges Challenge 'Fritz Amendment' Over Retroactivity
Three Constitutional Court of Romania judges filed a dissenting opinion on the 'Fritz amendment', part of the new Integrity Law. They argue it violates the principle of non-retroactivity, potentially affecting Timișoara Mayor Dominic Fritz's mandate. The majority of the court found the amendment constitutional, stating it applies only to future effects. The dissenting judges contend it introduces severe consequences for past acts. Their opinion highlights concerns over legal predictability and trust.
Three judges from the Constitutional Court of Romania (CCR), Tănăsescu, Scântei, and Dragoș, have filed a dissenting opinion regarding the 'Fritz amendment' in the new Integrity Law. They argue that the amendment flagrantly violates the principle of non-retroactivity, potentially leading to the termination of Timișoara Mayor Dominic Fritz's mandate.
The CCR majority declared the 'Fritz amendment' constitutional, asserting that it is non-retroactive and only affects future consequences. However, the dissenting judges contest this view. They argue that the amendment imposes new, severe consequences on past actions. A new law should not reopen legal situations that have been fully concluded, they emphasize.
The contested provision mandates the termination of a political mandate within 30 days if a three-year term for interdiction is not met. The CCR majority believes this does not apply retroactively. The dissenters disagree. They argue that the relevant situation is the original act and that illicit conduct and sanctions should be governed by the law in place at the time of the act.
The dissenting judges cite Article 15(2) of the Constitution, which states that laws apply only to future actions except for favorable criminal laws, and they also reference Articles 1(3,5), 36, and 37, which pertain to the rule of law, legal security, and voting and election rights. Citizens must be aware of legal consequences at the time of their actions. Applying new sanctions to past acts undermines legal predictability and trust.
According to the dissenting judges, the new regulation leads to the automatic loss of an ongoing mandate. It attaches a new, more severe consequence to a situation that was legally exhausted under the old law. They distinguish between future interdictions and the current loss of mandate, asserting that the legal relationship for the act and its sanction was established under previous legislation.
The National Integrity Agency (ANI) declared Dominic Fritz in an administrative conflict of interest, a finding that became final in June 2026 after an appeal was rejected. Under the old law, this did not automatically end his mandate, but the new norm allows for mandate loss if the three-year interdiction period is not met. The dissenting judges argue that the ongoing mandate does not render the past act ongoing.
A five-to-three split.
The CCR decision was adopted with five votes for and three against, with the dissenting opinion holding no binding legal effect. The majority decision remains final and generally binding, though the law will return to Parliament for adjustments to other unconstitutional provisions. The article affecting Dominic Fritz's mandate can still be maintained.
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