The legality of the functioning of certain institutions must be confirmed by the authorities from time to time. The situation may seem, from a distance, at least bizarre. The Ministry of Education specified that the Romanian Agency for Quality Assurance in Pre-University Education operates according to legal provisions. According to the Ministry of Education, ARACIP operates on the basis of Government Decision no. 155/2022 regarding the approval of the Regulation on the organization and operation of the Romanian Agency for Quality Assurance in Pre-University Education. The Ministry of Education specifies that ARACIP operates in accordance with the provisions of the Pre-university Education Law no. 198/2023, "with subsequent amendments and additions":
"The establishment of the Romanian Agency for Quality Assurance and Inspection in Pre-University Education is carried out by reorganizing the Romanian Agency for Quality Assurance in Pre-University Education, which is being abolished, and by taking over the duties and personnel performing general inspection and thematic inspection duties from the county school inspectorates /The School Inspectorate of the Municipality of Bucharest. (...) The Romanian Agency for Quality Assurance and Inspection in Pre-University Education is established, a public institution of national interest, with legal personality, under the coordination of the Ministry of Education, through the reorganization of the Romanian Agency for Quality Assurance in Pre-University Education, which is being abolished, and by taking over the responsibilities and personnel who perform general inspection and thematic inspection duties from the county school inspectorates/School Inspectorate of the Municipality of Bucharest". At the same time, the Ministry of Education maintains, in accordance with the provisions of art. 1 paragraph (3) of Order no. 6072/2023 of August 31, 2023 regarding the approval of transitional measures applicable at the level of the national pre-university and higher education system: "Until the development of the methodologies, regulations and other normative acts necessary for the implementation of Law no. 198/2023, the provisions shall apply regarding the organization, functioning of the pre-university education system and the development of the educational process found or entered into force on September 1, 2023". "Regarding the aforementioned legal norms, ARACIP currently operates legally based on the provisions of GD no. 155/2022, the quality assessment activity in pre-university education institutions being carried out on the basis of: GD no. 993/2020 regarding the approval of the Methodology of institutional evaluation in order to authorize, accredit and periodically evaluate the organizations providing education, GD no. 994/2020 regarding the approval of the provisional operation authorization standards and the accreditation and periodic external evaluation standards in pre-university education", the Ministry of Education also claims.
The reaction of the Ministry of Education comes in the context of the emergence of information according to which ARACIP is operating illegally.