O PRIVIRE CRITICĂ ASUPRA CONSTITUȚIONALITĂȚII DISPOZIȚIILOR ARTICOLULUI 103 ALINEAT (1) LITERA (C) DIN O.U.G. 195/2002 R. PRIVIND CIRCULAȚIA PE DRUMURILE PUBLICE
A CRITICAL LOOK AT THE CONSTITUTIONALITY OF THE PROVISIONS OF ARTICLE 103, PARAGRAPH (1), LETTER (C) OF EMERGENCY ORDINANCE 195/2002 (REVISED) ON PUBLIC ROAD TRAFFIC

Summary/Abstract: Although contraventional offenses remain the most common form of illicit acts, the introduction of a Code of Contraventional Procedure into national legislation remains a goal, even as discussions on the procedural law applicable to the contraventional sphere continue. Moreover, despite the fact that contraventional acts are unanimously considered to be of a criminal nature, the legislator continues to show the same legislative inconsistency, not aligning with fundamental principles of criminal, contraventional, or administrative law. Furthermore, some criteria already outlined in Article 21, Paragraph (3) of O.U.G. 195/2002 (Revised) are omitted, leaving ample room for questions about the harmonization of certain norms with the Constitution.

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