The National Programm „Conștient și liber” – A New Legal Public Policy Instrument in the Gambling Sector and an Alternative to Traditional Responsible Gambling
At the end of 2025, through the adoption of Orders No. 366/2025 and No. 367/2025, the National Office for Gambling (ONJN) established a regulatory framework that deserves public attention due to its clearly social dimension.
For the first time in a structured form, the public authorities introduce a legal mechanism for non-refundable public funding dedicated to the prevention and treatment of gambling addiction, with clear rules and obligations.
From a legal perspective, the “Conștient și liber” Programme is built on two normative layers that must be analysed together:
The Framework Methodology, approved by Order No. 366/2025, which sets out
- the legal basis of the funding (Law No. 350/2005, Government Emergency Ordinance No. 77/2009, GEO No. 20/2013);
- the mandatory principles of the procedure (transparency, equal treatment, co-financing, non-retroactivity);
- the role of ONJN as the specialized authority with powers of evaluation, contracting, monitoring and control.
The Applicant’s Guide – 2026 Funding Session, approved by Order No. 367/2025, which serves a distinct and highly practical function:
- it details the budgets and financial ceilings;
- defines the concrete eligibility conditions;
- regulates the procedure for submission, evaluation and handling of appeals;
- sets out the contractual, reporting and visibility obligations of beneficiaries.
The procedure established by ONJN is a competitive administrative procedure for awarding non-refundable public funding, subject to:
- the principles of legality and transparency;
- rules of equal treatment and competition;
- administrative appeal mechanisms;
- subsequent control, including judicial review.
In practice, such procedures frequently generate:
- challenges regarding scoring or eligibility;
- administrative litigation;
- disputes over eligible costs and financial corrections;
- conflicts arising at the implementation stage, not only at the award stage.
Legal Risk Areas for Applicants
A combined reading of the two normative acts reveals several recurring vulnerabilities with direct practical impact:
- unclear delimitation between eligible activities and the development of the applicant’s own infrastructure;
- budgets not aligned with the activities described in the funding application;
- conflict of interest or incompatibility issues insufficiently analysed;
- risk of financial corrections during implementation;
- failure to comply with reporting, transparency and visibility obligations of beneficiaries.
All of these make the procedure one in which early legal assistance is essential in order to reduce the associated risks.
A Paradigm Shift in the Role of the State
From a normative perspective, the “Aware and Free” Programme reflects an important evolution in the State’s role in the gambling sector.
Authorities no longer act exclusively as a regulatory and sanctioning authority, but also assumes the role of:
- a funder of prevention;
- a supporter of treatment and research;
- an actor involved in the development of digital solutions and protection mechanisms.
This approach places the programme at the intersection of:
- administrative law;
- public health policies;
- digital regulation and data protection.
Practical Implications
The novelty of the regulatory framework may lead to unforeseen situations resulting in delays or even loss of funding. Therefore, specialised legal assistance is recommended, particularly in the following areas:
- eligibility analysis and legal compliance;
- drafting of documentation and partnership agreements;
- legal support during the evaluation and appeal stages;
- contractual advice and support during implementation;
- representation in administrative litigation or disputes over financial corrections.
At the same time, as of the date of publication of this article, the State Budget Law for 2026 has not yet been adopted. Consequently, the activity calendar published by ONJN regarding the National Programme “Conștient și Liber” will most likely be amended. Continuous monitoring of the ONJN website is therefore recommended.
