Examen selectiv din practica judiciară a Secției de contencios administrativ și fiscal a Înaltei Curți de Casație și Justiție
Selective examination of the judicial practice of the Administrative and Fiscal Section of the High Court of Cassation and Justice

Summary/Abstract: The proposed decision is relevant in light of the role played by the Legislative Council in the lawmaking process or in the adoption of regulations or instructions proposed by central institutions for the activities they carry out. According to Article 79 of the Constitution, the Legislative Council is a “specialized advisory body of the Parliament, which issues opinions on draft normative acts for the purpose of systematizing, unifying, and coordinating the entire legislation.” In the case resolved on appeal by the High Court of Cassation and Justice, the legality of certain provisions from the Instructions on the Individualization of Sanctions for Contraventions under Article 55 of the Competition Law no. 21/1996, issued by the Competition Council, is analyzed. From the perspective of Article 27(1) of the Competition Law no. 21/1996, draft regulations and instructions, as well as their amendments, require the Legislative Council’s opinion, and are subsequently adopted through a procedure initiated by the Plenary of the Competition Council and implemented by order of the President of the Competition Council.

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