The limitation of the judge’s discretion in road traffic contravention complaints - possible unconstitutionality issues with decision no. 5 of 12.04.2021 pronounced by the High Court of Cassation and Justice in a Recourse In The Interest of the Law
The limitation of the judge’s discretion in road traffic contravention complaints - possible unconstitutionality issues with decision no. 5 of 12.04.2021 pronounced by the High Court of Cassation and Justice in a Recourse In The Interest of the Law

Summary/Abstract: The article analyses the limitation of the judge’s discretion in resolving road traffic contravention complaints, imposed by Decision No. 5 of 12 April 2021 of the High Court of Cassation and Justice (HCCJ), issued in a recourse in the interest of the law. This decision prevents courts from examining the proportionality of the complementary sanction of temporarily suspending the right to drive. In light of this ruling, judges are compelled to reject requests concerning the proportionality of the sanction, thereby limiting offenders' access to a comprehensive review of the imposed sanctions. The paper explores the implications of this limitation in relation to constitutional and European principles regarding access to justice and the right to a fair trial. It also discusses potential criticisms of unconstitutionality raised against the HCCJ’s decision, invoking articles from the Romanian Constitution and the case law of the European Court of Human Rights. The focus is placed on the principle of proportionality in contravention sanctions, which is essential to ensuring a balance between the gravity of the offence and the measures applied. Finally, the conditions of admissibility for referring the case to the Constitutional Court of Romania to challenge the mandatory interpretation established by the HCCJ are evaluated. The article emphasises the need for an effective resolution of this issue, considering its impact on the administration of justice and the fundamental rights of petitioners.

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