In brief

  • State schools can hire secretaries, accountants, administrators, librarians and laboratory technicians again. Parliament has widened the exemption from the general ban on filling vacant posts in the public sector, which in the form issued by the Government covered only teaching posts.
  • The law rewrites in full the article through which the ordinance amended the Higher Education Law: the single amendment proposed by the Government has turned into six, the rest of them added by Parliament.
  • Among them, a new article stating that paying for research carried out under contracts does not amount to double remuneration, even where teaching and research take place within the same time slot.
Act: Law no. 133/2026
Published: Official Gazette of Romania (Monitorul Oficial) no. 574 of 13 July 2026
In force from: 16 July 2026

A state school left without a secretary or without an accountant could not, since the summer of 2025, advertise the post. Law no. 133/2026, published in Official Gazette of Romania no. 574 of 13 July 2026, lifts the freeze for auxiliary teaching and administrative staff as well, not only for teachers. It is the second breach this year in the general hiring restriction introduced by Law no. 141/2025, after the one through which healthcare units were explicitly exempted.

Formally, the law approves Government Emergency Ordinance no. 28/2026, published on 20 April 2026. In practice, Parliament used the approval law to add a series of measures the Government had not proposed, above all in higher education.

A comparison with the original text of the ordinance shows exactly how much was added. Article II of the ordinance amended a single paragraph of Higher Education Law no. 199/2023. In the form approved by Parliament, the same article amends six different provisions of the same law.

What it changes in practice

Non-teaching staff in schools step out from under the hiring ban. The text approved by Parliament provides that the restriction does not apply to the filling, by competition or examination, of teaching posts, of posts for auxiliary teaching staff and administrative staff in state pre-university education, of posts of assistant lecturer, nor to promotions within higher education institutions. The Government ordinance covered only teaching posts, posts of assistant lecturer and promotions, and the posts could be filled by competition alone.

Universities can move the money left unspent. By way of derogation from Public Finance Law no. 500/2002, state higher education institutions are authorised to reallocate the budget appropriations from the balance of core funding, the amounts left unspent and carried over from previous years and the amounts remaining from completed investments, towards new or ongoing investment projects, financial assets, the repayment of investment loans and expenditure classified under the heading „Alte cheltuieli” (other expenditure).

The money for scholarships and halls of residence is no longer lost at the end of the year. The amounts left in the balance for student transport concessions, for subsidies for halls of residence and canteens and for scholarships not collected or not allocated may be used in the following years for scholarships, for the infrastructure of halls of residence and canteens and for career counselling and guidance centres.

Doctoral supervisors from abroad enter the system more easily. Specialists holding that status at institutions outside the country acquire it in Romania through recognition and through the issuing of the certificate recognising the habilitation by the IOSUD, the institution that runs doctoral studies, on the basis of its own methodologies, which may also lay down the national minimum standards.

The cap on doctoral students per supervisor is postponed until 2030. Article 70(2) of Law no. 199/2023 enters into force only from the 2030-2031 academic year. Until then, the university senate decides how many doctoral students one supervisor may guide at the same time.

Hiring on research projects escapes selection. By way of derogation from Framework Law no. 153/2017 on the remuneration of staff paid from public funds, hiring for research projects in education and vocational training or for national, European and international projects may be done for a fixed term, with no other prior formalities and with no selection process, both for the staff named in the project team and for the university’s own staff. For its own staff, the hiring is done by decision of the rector, under an individual employment contract, without affecting the basic teaching load.

Payment for research can no longer be challenged as double remuneration. A new article, Article 212^1, provides that research activities under contracts, whether public or private, are remunerated from the budget of those contracts, that the remuneration is compatible with fulfilling the university teaching load and does not depend on the work being carried out outside working hours, that teaching and research may be carried out concurrently, including within the same time slot, and that this payment does not amount to double remuneration.

Schools run by universities receive standard-cost funding. Pre-university education units provisionally authorised or accredited, set up within or under state universities, receive funding through transfers from the state budget, via the budget of the Ministry of Education and Research, on the basis of the standard cost per ante-preschool child, preschool child or pupil, included in the complementary contract concluded with the university.

What has changed compared with the previous situation

To see what Parliament did, the text has to be read alongside the ordinance it approves. Emergency Ordinance no. 28/2026, published in Official Gazette of Romania no. 310 of 20 April 2026, had four articles. Article I amended Pre-University Education Law no. 198/2023 in four points, Article II amended a single paragraph of Higher Education Law no. 199/2023, Article III introduced the exemption from the hiring restriction, and Article IV set up the Romanian Corps for Education Abroad.

The first change is the most visible one for schools. In the ordinance, the exemption from Article XXII of Law no. 141/2025 referred to „the filling by competition of teaching posts in state pre-university education, of posts of assistant lecturer, nor to promotions”. Parliament added two things: the words „or examination”, which also cover procedures that are not competitions in the strict sense, and the category of posts for auxiliary teaching staff and administrative staff. In practice, this means that a school can advertise the post of secretary, accountant, administrator, librarian or laboratory technician, which it could not do before.

The second change is a matter of scale. Article II of the ordinance had a single point, the amendment of Article 122(2) of Law no. 199/2023, on students from civilian institutions trained for the needs of Defence and the Interior. Parliament rewrote the entire article and ended up with six points: the reallocation of budget appropriations, the recognition of doctoral supervisors from abroad, the original text on students, hiring on research projects, the new article on the remuneration of research and the postponement of the cap on doctoral students. Five of the six were nowhere in the ordinance.

The third change is the addition, in Article I, of a new point, point 2^1, amending Article 139(4) of Law no. 198/2023, on the funding of schools run by state universities. That one was not in the ordinance either.

Article IV, the one setting up the Romanian Corps for Education Abroad, remains unchanged, in the form it had in the ordinance.

Advantages and disadvantages

What it improves

  • Schools can fill the posts in the school office, in accounting, in administration and in the library, jobs without which a school cannot run, however many teachers it has.
  • Adding the word „examination” next to „competition” closes a loophole in interpretation that would have blocked procedures not formally called a competition.
  • The money for scholarships and halls of residence left unspent at the end of the year is no longer lost and can be used in the following years, still for students.
  • The recognition of doctoral supervisors trained abroad becomes a procedure run by the university, not a separate national route.
  • The new article on the remuneration of research settles an old argument, in which universities avoided research contracts for fear that the payment would be classified as double remuneration.

What remains a problem

  • Five of the six amendments to the Higher Education Law were introduced in the approval law, not in the ordinance, so they did not go through the advisory opinions and the explanatory memorandum of a bill of their own.
  • Hiring on research projects is done „with no other prior formalities and/or selection processes”, including for the university’s own staff, which leaves the choice entirely to the rector.
  • The text stating that payment for research does not amount to double remuneration expressly allows teaching and research to overlap within the same time slot, without providing any verification mechanism.
  • The way these activities are planned, recorded and assessed is set by each university’s internal rules, so it will differ from one institution to another.
  • Postponing the cap on doctoral students per supervisor until the 2030-2031 academic year leaves the decision with the university senates for another four years.

Practical advice

  1. If you run a school and have vacant posts for auxiliary teaching or administrative staff, check the version of Article XXII of Law no. 141/2025 currently in force. The exemption applies from 16 July 2026, and the procedure may be either a competition or an examination.
  2. If you are interested in a post as secretary, accountant, administrator, librarian or laboratory technician in a state school, follow the announcements from 16 July 2026 onwards. Until then, those posts were frozen.
  3. Universities with amounts left in the balance for scholarships, halls of residence or student transport should review their budget execution: the money can be carried over and used in the following years, still for students.
  4. If you hold the status of doctoral supervisor obtained abroad, apply directly to the IOSUD where you want to work. Recognition is granted on the basis of its own methodology.
  5. Academic staff working on research contracts should ask their university for the internal rules on the planning and remuneration of these activities. The law requires them, and they are what actually sets out how the payment is made.
  6. Read Article 212^1 before signing a research contract: it states expressly that remuneration is not conditional on the work being carried out outside the university teaching load.
  7. For a proper comparison, the text of the original ordinance is in Official Gazette of Romania no. 310 of 20 April 2026. The differences from the approved version are not marked anywhere else.

Frequently asked questions

Which posts in schools can be filled now?
Teaching posts, posts for auxiliary teaching staff and administrative staff in state pre-university education, posts of assistant lecturer, plus promotions within higher education institutions. The posts may be filled by competition or by examination.
When does it apply from?
The law was published on 13 July 2026 and entered into force three days after publication, that is on 16 July 2026. It does not set a different date of entry into force.
What is the restriction being waived?
It is the one in Article XXII(1) of Law no. 141/2025 on certain fiscal and budgetary measures, published in Official Gazette of Romania no. 699 of 25 July 2025, which limits the filling of vacant posts in the public sector.
Can a lecturer be paid twice for the same hour?
The new text, Article 212^1, provides that teaching and research may be carried out concurrently, including within the same time slot, where their nature allows academic and scientific work to be integrated, and that the remuneration from the budget of the research contract does not amount to double remuneration, because it would correspond to distinct obligations.
Can scholarship money left unspent be used in another year?
Yes. The amounts left in the balance for student transport concessions, for subsidies for halls of residence and canteens and for scholarships not collected or not allocated may be used in the following years for scholarships and for investment in the infrastructure of halls of residence and canteens, as well as for career counselling and guidance centres.
What happens to the limit on doctoral students per supervisor?
Article 70(2) of Law no. 199/2023 enters into force starting with the 2030-2031 academic year. Until that date, the maximum number of doctoral students guided at the same time by one supervisor is set by the university senate.
What was left unchanged from the ordinance?
Article I in its four initial points, which amends Pre-University Education Law no. 198/2023, and Article IV, which sets up the Romanian Corps for Education Abroad as an advisory body within the Ministry of Education and Research.

Editorial analysis

The useful part of the law is the least spectacular one. A school without a secretary cannot issue a certificate, and one without an accountant cannot pay a salary; freezing these posts for a year produced effects that no fiscal discipline report measures. Widening the exemption and adding the word „examination” repairs a design flaw in the original restriction, which had been conceived for central government and then applied mechanically everywhere.

The questionable part is the method. Of the six amendments made to the Higher Education Law, five appear for the first time in the approval law. They had no explanatory memorandum of their own, they did not go through the opinion of the Legislative Council as a separate bill and they were not put out for public debate. The procedure is lawful, but it turns the law approving an ordinance into a vehicle for provisions unrelated to the urgency invoked by the Government, and a reader who wants to know what has changed has to place two issues of the Official Gazette of Romania side by side.

The most delicate provision is Article 212^1. It solves a real problem, the fear of universities that payment out of research contracts would be classified as double remuneration, but it solves it by declaration rather than by mechanism: it states that overlapping within the same time slot does not affect the right to be paid, and leaves the record keeping to internal rules. In a system where the teaching load is measured in hours, a text that expressly accepts that the same hour can be both teaching and separately paid research needs rules of record keeping written somewhere higher than in a senate regulation.

What should be changed

  • A minimum common framework for recording research work paid out of contracts. Set by order of the minister rather than by internal rules that differ from one university to another, it would make the payment verifiable and would protect universities during an audit.
  • Keeping some form of selection when hiring on projects. Even a simplified one, with a public announcement and written criteria, would preserve the opening towards candidates from outside the institution, which the current text closes without formally prohibiting it.
  • Writing the exemption from the hiring restriction directly into Law no. 141/2025, in consolidated form. Today, anyone who wants to know which posts can be filled has to follow a paragraph introduced by ordinance and then amended by the law approving that ordinance.
  • A separate justification for the provisions added in the approval law. A distinct section in the explanatory memorandum, for the amendments that are not found in the ordinance, would give the reader and the lawmaker back the traceability that the current procedure loses.
  • An assessment of the effects of postponing the cap on doctoral students. Four years in which the maximum number is left to each university senate deserve at least a public report halfway through.

Original text of the legal act

The text below is reproduced in Romanian, the official form of publication.

The full text, as published in the Official Gazette of Romania

Official Gazette of Romania no. 574 of 13 July 2026 16 pages PDF, 101 KB the act starts on page 7

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This article is for informational purposes only and does not constitute legal advice. For specific situations, consult a licensed attorney or tax advisor.