Constitutional Court strikes down Novak Law requiring 40% Romanian players

The Constitutional Court has declared the Novak Law unconstitutional. The legislation mandated a minimum quota of 40% Romanian athletes on the field for sports teams. The court issued this ruling to block the enforcement of the citizenship-based requirement.

The court published its detailed reasoning in the Official Monitor on October 12. The justification stated that the quota violates European law. This publication formalized the legal basis for striking down the mandate.

President Nicușor Dan challenged the law in April. He filed an unconstitutionality request after the initial legislative process was blocked. His challenge initiated the judicial review that led to the final court decision.

Dan invoked the Bosman case and EU free movement rules in his argument. He contended that the citizenship-based quota limits the rights of EU athletes. This legal precedent was central to the claim that the law restricted free movement within the union.

The president compared the rule to a 1974 French maritime law. That law required French citizenship for part of ship crews. The European Court of Justice ruled that specific regulation illegal. Dan used this comparison to highlight similar violations of EU principles.

Dan also cited issues with the proposed penalties for non-compliance. The law prescribed fines between 500,000 and 1,000,000 lei. He noted that these amounts exceeded the general limit of 100,000 lei. This discrepancy formed part of the constitutional objection.

The Constitutional Court rejected a previous decision by the High Court. In January 2025, the High Court had accepted public policy as a justification for the 40% quota. The higher court overturned this acceptance in its final ruling.

The ruling comes amid debate following a recent international defeat. Romania lost 0-6 to Poland in the Nations League. This result sparked discussion about the impact of the blocked Novak Law on national team performance.

Deputy Ciprian Paraschiv blamed Nicușor Dan for blocking the project. He made this statement after Romania's defeat to Poland. Paraschiv linked the political intervention to the sporting outcome.

Former minister Eduard Novak responded to the events with irony. He thanked experts for blocking the law after the loss to Poland. Novak is the namesake of the legislation that was struck down.