LEGIFERAREA „MALFORMĂRII” PROCESULUI CONTRAVENŢIONAL ÎN NUMELE „DIGITALIZĂRII JUSTIŢIEI”. ARGUMENTELE CURŢII CONSTITUŢIONALE ÎN DECIZIA NR. 19/2022 ŞI EFECTELE ACESTEIA
LEGIFERAREA „MALFORMĂRII” PROCESULUI CONTRAVENŢIONAL ÎN NUMELE „DIGITALIZĂRII JUSTIŢIEI”. ARGUMENTELE CURŢII CONSTITUŢIONALE ÎN DECIZIA NR. 19/2022 ŞI EFECTELE ACESTEIA

Summary/Abstract: The current study, which has been prompted by CCR Decision no. 19 of 26 January 2022, aims to call into question the obligation of the legislative body to not dismiss the principle of legal certainty with regard to the accessibility and predictability of law. It presents the legislative proposal concerning the completion of Ordinance no. 2/2001 on the legal regime of contraventions, which has been initiated – as shown in the statement of reasons, due to the Government of Romania assuming the goal of the “digitalization of justice” and aims to accelerate the resolvability of contravention matters. The challenges of digital justice are emphasized within the Union documents and legal literature, restating the fact according to which the digitalization of justice is not to denature the purpose and values of justice. CCR Decision no. 19/2022, by means of which a referral of unconstitutionality made on behalf of the Romanian Government was admitted, is analyzed in terms of its reasoning and effects, and it is shown that the Law concerning the completion of Government Ordinance no. 2/2001 is unconstitutional as a whole. In conclusion, one argues that the streamlining of justice cannot be devised without complying with the rigors of the rule of law, which in turn compel the enactment of a legal framework capable of allowing the effective and efficient enforcement of legal rules, in so far as “the rights and/or measures provided are not theoretical and illusory”.

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