Brief Reflections on the Decision of the Constitutional Court of Romania no. 405/2016
Brief Reflections on the Decision of the Constitutional Court of Romania no. 405/2016

Summary/Abstract: The crime of abuse of office has been the subject of extensive debates in recent years, due to the various controversies involved in the analysis of the incriminating text. Even if the Constitutional Court was repeatedly informed about the inconsistencies reported by the courts, the legislator did not take care to correct the reported deficiencies, allowing the existence of such a legislative framework in the future. The social and other implications of committing an act of abuse at work are extremely complex, so rethinking, or adapting the incriminating text to the current situation, appears more than necessary. The corrections identified by the constitutional court appear to be not only mandatory, but also necessary, as they prevent in the future an erroneous application of the legal norms, manifested by ordering different solutions in similar cases.

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