MEP Martin Günther (The Left) has asked the European Commission whether it will investigate a Romanian law that critics say fast-tracks mining projects at the expense of property rights, environmental protections, and judicial oversight. The law, L143/2026, is being adopted under an emergency procedure to implement the EU Critical Raw Materials Act (CRMA). If the Commission finds it incompatible with EU law, Günther wants to know if infringement proceedings will follow.
The question, submitted on 16 April 2026, follows a communication from 60 Romanian NGOs on 7 April 2026 requesting an EU Pilot procedure. The NGOs allege that Law L143/2026 grants private mining operators pre-emption rights over private property, establishes expedited expropriation mechanisms, restricts judicial review, and allows removal of forest land from the national forestry fund. The law has a tacit adoption deadline of 22 April 2026.
Günther asks three specific questions: whether the Commission is aware of the NGOs' communication; whether it will initiate an EU Pilot or other assessment of the law's compatibility with EU law, including the Charter of Fundamental Rights, EU environmental legislation, and property rights protections; and what measures it envisages if the law is adopted and found incompatible, including infringement proceedings under Article 258 TFEU.
The question signals a concern that national implementation of the CRMA may prioritise rapid extraction of critical raw materials over fundamental rights and environmental safeguards. The Commission typically has six weeks to respond; its answer will indicate whether it shares these concerns and how it intends to balance the CRMA's strategic objectives with legal compliance.