Unele aspecte privind reglementarea răspunderii contravenționale în Franța
Some Aspects Regarding the Regulation of Contraventional Liability in France
Author(s): Narcisa Victoria DărăbanSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: contravention; liability; procedure; fine; comparative law;
Summary/Abstract: Contraventional liability represents an essential component of the legal system in any society, with the aim of maintaining public order and sanctioning behaviors that violate the rules established by the state. In this context, the analysis and comparison of contraventional liability regulations in different countries can provide a valuable perspective on how justice and the legal system function in diverse cultural and legislative environments. French regulations have always been a significant source of inspiration for the Romanian legislator in various areas, given their clear and concise formulation of legal texts and their progressive vision. However, in contraventional matters, there are significant differences between the regulations of the two countries, both in terms of substantive legal norms and the contraventional procedure applied. These differences are to be highlighted in this article. Unlike Romanian contraventional law, French contraventional law has not deviated as much from criminal law. It still recognizes the tripartite division of acts that infringe upon social coexistence norms into crimes, offenses, and contraventions, maintaining contraventions within the sphere of criminal law and the guarantees associated with it. Nevertheless, in recent years, there has been a pronounced trend of reclassifying certain acts from the realm of criminal law to contraventions. Given the accelerated transformation of some offenses into contraventions, ongoing discussions in contemporary French legal doctrine revolve around the practical utility of the tripartite division in light of new social and economic realities, as well as the general policy adopted by the French state in this regard. In this context, it becomes necessary to conduct a brief analysis of how the French legislator currently views contraventions and contraventional liability to identify aspects that can be improved in Romanian contraventional law.
Journal: Revista de Drept Public
- Issue Year: 2024
- Issue No: Supliment
- Page Range: 202-208
- Page Count: 7
- Language: Romanian
- Content File-PDF