Will ASF, ANRE and ANCOM be able to increase the number of heads to 10%? Bolos: It’s not a given. There are two cumulative conditions

Autonomous public authorities, such as ASF, ANRE and ANCOM, will be able under certain conditions to increase the number of management positions from 8% to a maximum of 10% of the total number of employees, according to a derogation approved by the Government on Thursday to law 296/2023 (with new fees and taxes). “This increase in the percentage of management positions to 10% is not a given. There are two cumulative conditions that must be respected”, emphasized the Minister of Finance, Marcel Boloș.

• “Let’s not take it for granted. This increase in the percentage of management positions to 10% is not a given. There are two cumulative conditions that must be respected.
• One, to have applied the reorganization. This means that he took the management positions from 15% to…, I don’t know, 8%, as far as the law says and only if there is an obligation towards the European Commission as a result of the implementation of a regulation or a directive of the Union European then the newly created organizational structure can lead to management positions of up to 10%.
• But it does not mean that they are now increasing their percentage of management positions. Excluding something like that”, said the Minister of Finance, Marcel Boloș, on Thursday.

What exemption did ASF, ANRE and ANCOM receive in the GEO adopted by the Government on Thursday

On Thursday, the Government adopted an Emergency Ordinance amending certain fiscal-budgetary measures introduced by Law 296/2023, and one of them concerns the public regulatory authorities, subordinate to the Parliament, which are self-financed from the fees and taxes imposed in the economic sectors on who oversees them.

These are, among others, the Financial Supervisory Authority (ASF), the Communications Regulatory Authority (ANCOM) and the Energy Regulatory Authority (ANRE).

What provision of the Ordinance adopted by the Government on Thursday:

“By derogation from the provisions of art. XLVII paragraph (5) of Law no. 296/2023 regarding some fiscal-budgetary measures to ensure the financial sustainability of Romania in the long term, with subsequent amendments and additions, in the case of autonomous public authorities/agencies/institutions, the Government of Romania may approve, by memorandum, a total number of management positions greater than 8%, but not exceeding 10% of the total number of approved positions, if the following conditions are cumulatively met:

• a) the authority/agency/institution has reorganized or is about to reorganize as a result of the implementation of the provisions of Law no. 296/2023, with subsequent amendments and additions, until the date of entry into force of this emergency ordinance;
• b) after the entry into force of Law no. 296/2023, with subsequent amendments and additions, the authority/agency/institution received additional powers for the implementation of some European legislative provisions”

The memorandum is initiated by the interested autonomous public authority/agency/institution and endorsed by the Ministry of Finance.

The deadline provided by law 296/2023 for the reorganization that all state institutions must do is June 30, 2024.