THE PROBLEMATIC OF LEGITIMATE INTEREST IN THE VISION OF THE PUBLIC MINISTRY AS WELL AS THE PRACTICE OF THE HIGH COURT OF CASSATION AND JUSTICE, AS ”LEGAL BASIS” FOR THE CREATION OF DISCRIMINATORY CONDITIONS ON THE ACTIVITY OF ENTERPRISES
THE PROBLEMATIC OF LEGITIMATE INTEREST IN THE VISION OF THE PUBLIC MINISTRY AS WELL AS THE PRACTICE OF THE HIGH COURT OF CASSATION AND JUSTICE, AS ”LEGAL BASIS” FOR THE CREATION OF DISCRIMINATORY CONDITIONS ON THE ACTIVITY OF ENTERPRISES

Summary/Abstract: This Article concerns the restriction of access to justice for persons who refer criminal investigation bodies to offences against property or service. If these whistle-blowers cannot justify a legitimate interest of their own, concrete and current, they do not have the right to subject the acts and measures of the prosecutor to censure the court, in case the beginning of the criminal investigation or the prosecution was not ordered. Although these issues formed the subject of Decision no. 13/2011 of the High Court of Cassation and Justice (recourse for the interest of the law), the effects of this decision lead to the encouragement of the lack of the criminal investigation, with the consequence of creating discriminatory effects on the activity of enterprises. In addition to these aspects, there is a prejudice to the state budget regarding the amounts of money not recovered due to the lack of criminal investigation, as well as an activity favoring the perpetrator according to art. 269 of the Criminal Code.

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