The new National Defense Law. In light of the intensification of risks to Romania’s national security, the Ministry of National Defense has developed a project for a new law on National Defense. What changes does she come with?
The new National Defense Law also provides for the creation of a national military command center
The new National Defense Law aims to establish a national military command center, with the role of coordinating and facilitating interoperability with NATO forces present on the territory of our country.
The Ministry of National Defense has made public the new law and, after it is approved by the Government, it will be sent to the Parliament to be subject to debate and vote. The draft includes amendments and additions compared to the previous legislation.
Mainly, the new law brings into discussion the concept of hybrid threats to Romania’s security. It paves the way for interventions outside the territory of our country. Such actions are not limited to military troops, but may also involve other types of interventions in order to counter these hybrid threats. These interventions can be initiated upon the recommendation of the President of Romania, with the approval of the Supreme National Defense Council (CSAT).
“The President of Romania can order, at the proposal of the Prime Minister, the necessary measures to protect Romanian citizens who are in danger outside the national territory”, we learn from the draft.
In addition, the draft introduces a new definition for “defense” forces. It includes both the armed forces and the defense forces.
The armed forces category includes the Army, Gendarmerie, SRI, SIE, STS and the Secret Service of the Ministry of Internal Affairs (DGPI).
The protection forces include the Police, the Border Police and the General Inspectorate for Emergency Situations (IGSU).
According to the new defense law, in the situation of the state of mobilization or during an armed conflict, the personnel employed by the Ministry of Internal Affairs may be subject to militarization.
The defense law also proposes the establishment of a new entity called the National Military Command Center (CNMC). She will be responsible for the coordination and management of all defense forces, including the NATO troops deployed in Romania.
The new law provides a more complex definition of the term “national defense”
According to the draft law developed by the Ministry of National Defense, it is also proposed to implement some measures to prepare the population in case of defense.
The concept and scope of national defense are redefined in the light of the new legislation, which brings an extensive and meticulous definition of them. Emphasizing the convergence of efforts in a wide range of fields, such as political, diplomatic, informational, military, economic, financial and legal, the objective remains the guarantee of sovereignty, independence and territorial integrity. A holistic and synergistic approach to national security is adopted, contrasting with the more limited perspective of the 1994 legislation.
The legislative reform proposes a review of the organizational structure of the national defense system, paying particular attention to the Supreme Council of National Defense (CSAT) and other institutions involved in strategic and operational planning processes.
The new legislation addresses hybrid threats head-on, recognizing them as a significant national security challenge. It establishes specific procedures to identify, prevent and counter these threats, reflecting a proactive approach to managing these complex situations.
According to the new document, the importance of the integration and interoperability of the Romanian armed forces with those of NATO and the European Union is emphasized. This aspect reflects the responsibilities that Romania has assumed as a member of these organizations, highlighting its firm commitment to international cooperation and collaboration in the field of security.
We are also seeing an increased focus on civilian crisis preparedness and resilience. This underlines the importance of a comprehensive and integrated approach to national security, encompassing not only military but also civil, economic and social aspects.
The new legislation provides for the modernization of the armed forces
In the new legal framework, clarifications and updates are made regarding the sanctions applicable in case of non-compliance with the provisions, emphasizing the need for compliance and the assumption of responsibility by both institutions and citizens, in the context of national defense. This aspect emphasizes the importance of compliance and compliance with the law to ensure national security and stability.
The recent legislative review highlights an increased concern for protecting the nation’s critical infrastructure, imposing specific directives to identify, secure and promptly manage any threats that may affect these vital elements. Particular emphasis is placed on the implementation of preventive and rapid reaction measures to ensure the resilience and stability of critical infrastructure in the face of potential hazards.
Adapting and improving the capabilities of the armed forces: In light of technological progress and the need for compatibility with international partners, the new legislation emphasizes the importance of renewing and adequately equipping the armed forces. It creates a sound legal framework for the processes of acquisition and modernization of defense capabilities, ensuring that they remain relevant and effective in the context of technological evolution and security challenges.
Merging Civil and Military Efforts: Particular attention is being paid to collaboration between military and civilian institutions, along with the involvement of the private sector and civil society. The aim is to promote a holistic and unitary approach in ensuring national security, through the coordination and synergy of activities between the various entities involved.
Regulation of exceptional situations: The new provisions update and detail the legal framework regarding the establishment of states of emergency, siege or mobilization, providing clarity on the powers of the authorities and the measures that can be taken to manage crisis situations. These changes bring transparency and consistency to the legal treatment of extraordinary circumstances, ensuring a robust framework for actions in difficult contexts.
We invite you to read the entire bill, right here.
The new national defense law
