DESPRE EFECTELE UNEI CIUDATE DECIZII A CURŢII CONSTITUŢIONALE. CONTRABANDA ASIMILATĂ, NECONSTITUŢIONALĂ?
THE EFFECTS OF A STRANGE DECISION OF THE CONSTITUTIONAL COURT. UNCONSTITUTIONALITY OF ASSIMILATED SMUGGLING?

Summary/Abstract: According to the press release published on the website of the Constitutional Court, by the Decision of March 24, 2022, the Constitutional Court admitted the exception of unconstitutionality and found that the provisions of art.270 paragraph (3) of Law no.86 / 2006 (Vamal Code) are unconstitutional. The text refers to the criminalization of activities related to goods that originate or are intended for smuggling, i.e. fraudulent crossing of the border, by avoiding excise duty. In fact, the subject-matter of those acts concerns the avoiding of customs duties. The decision seems to be an impactful one, its application in time being a difficult issue. We will analyze the content of the decision, as it appears in the official press release, and we will note that this is a simple decision, not an interpretative one, with a decriminalization effect. If the Parliament will not remedy the issue censored by the Court, the legal text, when the decision is published, will become ineffective, which means that it could no longer be considered. Therefore, in criminal cases, the judiciary should order the acquittal (the judge) or filing of the case (the prosecutor).

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