IMPACTUL ABROGĂRII PRIN LEGEA NR. 167/2020 A TERMENULUI SPECIAL DE PRESCRIPȚIE PREVĂZUT DE ORDONANȚA GUVERNULUI NR. 137/2000 ASUPRA COMBATERII DISCRIMINĂRILOR
THE IMPACT OF THE ABROGATION BY ROMANIAN LAW NO. 167/2020 OF THE SPECIAL LIMITATION PERIOD PROVIDED FOR BY ROMANIAN GOVERNMENT ORDINANCE NO. 137/2000 ON COMBATING DISCRIMINATION

Summary/Abstract: The repeal – by Law no. 167/2020 – of the special limitation period for the sanctions of the regulatory offences provided for by Government Ordinance no. 137/2000 has the effect of applying the general limitation period in the field of the regulatory offences. As a result, the National Council for Combating Discrimination no longer has a legal basis to apply fines to serious acts after 6 months from their commission. However, the institution continues to impose fines after the expiry of this deadline, misinterpreting the case law of the Court of Justice. We demonstrate why the anti-discrimination institution and the ordinary courts are unable to interpret the national law in conformity with EU law and to disapply the national rule which is contrary to EU directives. In these circumstances, we are evaluating several possible remedies that should ensure both the protection of victims and compliance with the provisions of the anti-discrimination directives. The best and most uncontroversial solution is the introduction by the legislator of a new special limitation period. On the other hand, the admission of an exception of unconstitutionality of the abrogation provision would lead to the revival of the repealed rule.

• Details
• Contents