THE NEED TO HARMONIZE SOME PROVISIONS OF G.O. NO. 2/2001 REGARDING THE LEGAL REGIME OF CONTRAVENTIONS WITH THOSE OF THE CODE OF CIVIL PROCEDURE IN THE PROCEDURE OF APPEALS IN DISPUTES CONCERNING THE CONTRAVENTION COMPLAINTS
THE NEED TO HARMONIZE SOME PROVISIONS OF G.O. NO. 2/2001 REGARDING THE LEGAL REGIME OF CONTRAVENTIONS WITH THOSE OF THE CODE OF CIVIL PROCEDURE IN THE PROCEDURE OF APPEALS IN DISPUTES CONCERNING THE CONTRAVENTION COMPLAINTS

Summary/Abstract: The present study was generated by the desire to bring to the attention of the legislator the need to harmonize some provisions of the procedure for solving the contravention complaints, regulated by the Government Ordinance no. 2/2001 on the legal regime of contraventions, which is the common law in contravention law, with the provisions of the Civil Procedure Code, approved by Law no. 134/2000, as amended and supplemented by Law no. 138/2014 and Law no. 2/2013 on measures to relieve the courts, as well as to prepare for the implementation of Law no. 134/2010 on the Code of Civil Procedure. According to art. 31 from G.O. no. 2/2001 on the legal regime of contraventions, against the minutes of finding the contravention and applying the sanction, the offender has the remedy of the complaint, while the injured party cancomplain only in respect of the indemnities and the third party the confiscated goods belong to him / her can only attack the minutes against the complementary sanction of confiscation. 1 Regarding the procedure to be followed by the offender for the purpose of settling the complaint, since the adoption of the Ordinance until now, the legal regulation has experienced both an implicit change and an express formal amendment that has only made a legal form which was implicitly acknowledged and applied without reservation in judicial practice in the matter.

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