Decision of the Constitutional Court of Romania no.365 of June 8, 2022 regarding the objection of unconstitutionality of the Law amending the Government Ordinance no. 2/2001 on the legal regime of contraventions Cover Image

Decizia Curții Constituționale a României nr. 365 din 8 iunie 2022 referitoare la obiecţia de neconstituţionalitate a Legii pentru modificarea Ordonanţei Guvernului nr. 2/2001 privind regimul juridic al contravenţiilor
Decision of the Constitutional Court of Romania no.365 of June 8, 2022 regarding the objection of unconstitutionality of the Law amending the Government Ordinance no. 2/2001 on the legal regime of contraventions

Author(s): Aurelian Constantin Mihăilă
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law
Published by: Universul Juridic
Keywords: contraventional sanction; non-execution; providing an activity for the benefit of the community decided by the court; the crime of non-compliance with court orders;

Summary/Abstract: In the field of contraventional liability, at least with regard to natural persons, the enforcement of fines and community service is not sufficiently effective. In 2021, a legislative proposal was promoted to strengthen this regime, in particular by criminalizing the passivity of the offender obliged to perform community service, a passivity that was wanted to be sanctioned in the form of a distinct way of committing the crime of non-compliance with court orders, as defined in art. 287 of the Criminal Code. The draft law thus initiated in the parliamentary procedure and adopted in March 2022 would be blocked at the Constitutional Court in a constitutionality control procedure before promulgation.

  • Issue Year: 2023
  • Issue No: 1
  • Page Range: 148-151
  • Page Count: 4
  • Language: Romanian