Efectele Deciziei Curţii Constituţionale nr. 152 din 6 mai 2020 în materia contravenţiilor la regimul stării de urgenţă
The effects of the Decision of the Constitutional Court no. 152 of May 6th, 2020, in the matter of contraventions to the state of emergency regime

Summary/Abstract: The present study aims to analyze the effects of the decision of the Constitutional Court on the contravention sanctions applied during the state of emergency established by the Decree of the President of Romania no. 195/2020. The Constitutional Court of Romania declared unconstitutional the provisions of Article 28 of the Government Emergency Ordinance no. 1/1999, invoking, mainly, the violation of Article 1 para. 5 of the Constitution, a solution that generates problems for the judicial system. In order to avoid burdening the courts with tens of thousands of lawsuits, it is proposed that the legislator intervene and resolve the issue legislatively, possibly through a tax “amnesty” for claims arising from fines imposed for committing offenses under the state of emergency.

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