For 20 years, the Romanian Government has been refusing to adopt the norms that would allow young people to benefit from the support provided by law to start a business. For over a year, there has also been a final decision by which the High Court of Cassation and Justice obliged the Executive to adopt these norms, but the Government has not enforced it. For this reason, the Foundation for the Defence of Citizens Against State Abuses has asked the Bucharest Court of Appeal to sanction the Government for failing to implement the decision. FACIAS requests the application of the fine provided by law and the payment of penalties for each day of delay, until the Executive fulfils its obligation.
In 2025, the High Court of Cassation and Justice ruled in favour of FACIAS and definitively confirmed the Government's obligation to adopt the necessary rules for the application of support measures for young people who want to start a business. This obligation dates back to 2006, when Parliament adopted Youth Law no. 350/2006 and introduced these measures. However, they could never be applied, as the Executive did not establish the rules by which young people can request and obtain them.
Specifically, the Youth Law provides for non-refundable financial allocations for access to consulting services necessary for starting a business. Young people should also benefit from preferential credit programs for setting up small and medium-sized enterprises and for making investments, especially in rural areas and areas with a low economic level. In addition, the law provides for free introductory courses in management and business administration. Without the norms that the Government was supposed to adopt, the concrete conditions for access to these measures were not established, and the support mechanism remained non-functional.
Because the state left these provisions unimplemented for almost two decades, FACIAS sued the Romanian Government in 2023 and obtained a favourable decision. This became final on the 18th of June, 2025, after the High Court of Cassation and Justice rejected the appeal filed by the Government. From that moment on, the Executive had a maximum of 30 days to implement the decision. The deadline expired on the 18th of July, 2025, yet the Government has not yet adopted the regulatory act that must contain the implementing rules.
In the current application to the Bucharest Court of Appeal, FACIAS showed that no objective circumstances prevented the Government from adopting the norms for a whole year. By this conduct, the Government first rendered ineffective the law adopted by Parliament, and then the final decision of the court. The consequences are borne by generations of young people who, for 20 years, were unable to use the support measures provided for starting and developing a business.
FACIAS recalls that, in a state governed by the rule of law, a public authority must observe both the law and the decisions of the courts. Fines and penalties are not the ultimate goal of FACIAS's approach, but the instruments through which the court can determine the Government to fulfil their obligation. Through the application addressed to the Bucharest Court of Appeal, FACIAS seeks that the Executive adopt the norms and finally activate the support mechanism for young entrepreneurs.