A recent change in Romanian legislation has created serious uncertainty for Romanian nationals working for EU institutions, bodies and agencies while formally remaining on leave from the Romanian public administration. With a national deadline approaching, affected colleagues need clear legal guidance and timely support.
In a communication to staff, the European Commission’s Directorate-General for Human Resources (DG HR) has highlighted the issue and confirmed that the Commission is assessing the scope of the Romanian provisions, their possible implications under EU law and the need for clarification from the Romanian authorities.
The communication is available here: Information for EU staff formerly employed in the Romanian administration – recent legislation [1].
What has changed?
Law No. 180/2026, adopted on 28 August 2026 and in force since 31 August 2026, amended the rules on incompatibilities for civil servants contained in Romanian Law No. 161/2003.
Under the revised Article 94(2)(e), Romanian civil servants are no longer permitted to perform other paid or unpaid functions within international organisations, subject to the exception provided for representation mandates based on designation by a public authority or institution under the applicable legal framework.
According to DG HR, the restriction also applies where the national service relationship has been suspended. The transitional provisions in Article X(3) provide a 45-day period from the entry into force of the law for individuals in an incompatible situation to give up one of the two roles. On that basis, the deadline falls on 15 October 2026.
For affected colleagues, the consequences could be significant, potentially requiring them to choose between their EU employment and their formal employment relationship with the Romanian administration.
Generation 2004 calls for immediate support and legal clarification
Generation 2004 welcomes the fact that DG HR has begun examining the issue. However, the seriousness and urgency of the situation require a clear and proactive response from the Commission.
Affected colleagues should not be left to deal individually with the consequences of a national measure while its compatibility with EU law remains under examination. They need timely legal guidance, practical assistance and a clear explanation of the options available to them, including how to respond to communications or demands from the Romanian administration.
Generation 2004 therefore calls on the Commission to:
- Provide appropriate assistance to affected colleagues, including individual guidance on their situation and the available legal and administrative options.
- Clarify the applicable EU-law framework urgently, including the implications of the EU staff regulations, including possible assistance and relevance of Article 24.
- Assess the compatibility of the Romanian legislation with EU law without delay, identifying the relevant legal grounds and determining whether further action, including infringement proceedings under Article 258 TFEU, might be warranted.
- Engage with staff representatives to discuss the consequences of this legislation and the support that can be provided to affected colleagues.
Generation 2004 will seek a meeting with DG HR to discuss these issues and request a clear explanation of the Commission’s assessment, the measures envisaged to support staff and the next steps.
Colleagues should seek advice before taking irreversible decisions
DG HR has advised affected staff not to act precipitously if contacted by the Romanian administration. It has also indicated that colleagues may wish to seek a suspension or extension of the relevant deadline, where permitted under national law, pending clarification.
Generation 2004 echoes the importance of obtaining appropriate advice before taking potentially irreversible steps, such as resigning from an EU post or relinquishing a position in the Romanian administration. Each colleague’s circumstances may differ, and individual deadlines and obligations must be assessed carefully.
Article 24 of the Staff Regulations may be relevant to request for assistance in certain circumstances, although its application to this specific situation has not yet been established. Colleagues affected by this issue are encouraged to request support, rather than assume either that assistance is guaranteed under this provision or that it is unavailable.
Contact Generation 2004
Romanian colleagues who may be affected by this legislation are invited to contact Generation 2004 promptly if they require support or wish to raise concerns about their individual situation.
Upon request from affected colleagues, Generation 2004 can approach the Commission to seek appropriate assistance and clarification.
If you are concerned that this legislation may affect your employment situation, please contact Generation 2004 through: REP-PERS-OSP-GENERATION-2004@ec.europa.eu
Generation 2004 will continue to follow developments and press for timely clarification and appropriate support for colleagues.
toolTips('.classtoolTips19','Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union (\'Staff Regulations [2] (SR)\') are rules stating:
• fundamental conditions of service
• basic rights, duties and obligations of staff.
The SR have been reformed x 2 (so far):
• 2004 (Kinnock White paper)
• 2014 (Regulation 1023/2013 [3])
For a summary of stated intentions and real outcomes of those two reforms check out: European Court of Auditors, 2019, Special report no 15/2019 [4]: Implementation of the 2014 staff reform package at the Commission – Big savings but not without consequences for staff
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- the >40 decentralised organisations [5] with seats throughout the EU which are created by a specific legislative act and charged with a particular task\' e.g. Europol, the EMCDDA , the European Union Agency for Fundamental Rights (FRA) and Frontex.
- the 6 Brussels-based Executive Agencies [6] which are \'legal entities established ... with a view to being entrusted with certain tasks relating to the management of one or more European Union programmes. These agencies are set up for a fixed period.\' They are CINEA, EACEA, HADEA, Eismea, ERCEA and REA.