On the 25th of June 2026, the High Court of Cassation and Justice will judge the appeal filed by the Government of Romania against the decision by which the Foundation for the Defence of Citizens Against State Abuses obtained, at first instance, the obligation of the Executive to adopt the necessary norms for the application of the law on the prevention and control of nosocomial infections.
Although more than five years have passed since the law was published in Monitorul Oficial (Official Gazette), the Government has not yet adopted the implementing rules, thus blocking the implementation of essential measures for the safety of patients in Romanian hospitals.
The Bucharest Court of Appeal ruled in favour of FACIAS and decided that the Executive has a legal obligation to issue the normative act necessary to implement the law. However, instead of focusing on the development and adoption of norms, missing for more than five years, the Government is mobilizing its resources to fight FACIAS's approach in court and to avoid fulfilling an obligation established by the Parliament.
FACIAS will request the High Court to reject the appeal and uphold the decision of the Bucharest Court of Appeal. The authorities cannot just turn legal obligations into simple administrative options and cannot leave a law aimed at protecting the health and life of patients without effect.
The law was adopted to create a clear framework for the prevention, reporting, diagnosis and control of healthcare-associated infections, publicly known as nosocomial infections. These are infections that a patient may get during hospitalization or in connection with a medical procedure, although they did not have them at the time when they went to the healthcare facility.
In the case of nosocomial infections, the consequences of delaying the adoption of norms are even more serious. The lack of clear rules in the medical system can affect the lives and health of patients. In recent years, cases of nosocomial infections have been repeatedly reported in healthcare facilities in Romania, some with serious effects on patients, including loss of life.
The High Court's decision will be final and will determine whether the Government can continue to ignore a legal obligation that is over five years old or whether it will be obliged to ensure the effective enforcement of the law on nosocomial infections.