ROMANIA: Foreign agent draft law proposed in parliament

On 18 May, the Romanian Senate, the upper chamber of parliament, adopted the proposal (L233/2026) to amend Government Ordinance No. 26/2000 on associations and foundations. The draft law would impose a general obligation on associations and foundations to publicly disclose the identity of donors.

Civil society warns that the proposal risks introducing a “foreign agent law” in Romania and accelerating the restrictions on civic space, particularly the freedom of association and privacy. The proposal is mirroring similar existing laws in Russia, Hungary, Georgia, and, more recently, proposals in Slovakia and the Czech Republic, which have placed critical and independent civil society organisations (CSOs) under constant public suspicion, and undermined their ability to function under the pretext of transparency. The draft law will now be debated in the Chamber of Deputies, with the final vote expected in June.

The proposal comes despite Romanian authorities already having access to excessive transparency information on CSOs through accounting, tax, banking, and anti-money laundering and reporting mechanisms and requirements. It also introduces disproportionate sanctions for organisations, including the automatic suspension of activities for failure to submit declarations, which might be followed by dissolution. The proposed sanctions are more severe than those in many criminal or administrative law contexts.

The proposal raises serious concerns regarding its compatibility with the Romanian constitution, compliance with European standards on freedom of association and privacy, the proportionality of sanctions, and the legal clarity and quality of the law. It has also been criticised by several government advisory bodies, including the Economic and Social Council and Legislative Council, as well as the Senate Committee on Human Rights, Equal Opportunities, Religions and Minorities. Civil society has called on policymakers to reject the draft and urged public authorities to ensure that any future legislation concerning CSOs is based on concrete evidence of need and compliance with European and international human rights standards.