Aspects specific to the powers of the Court of Accounts in contraventional matters Cover Image
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Aspecte specifice atribuțiilor Curții de Conturi în materie contravențională
Aspects specific to the powers of the Court of Accounts in contraventional matters

Author(s): Verginia Vedinaș, Ioan Laurenţiu Vedinaş, Cristian Arșinel
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: contravention liability; pecuniary penalty; Court of Accounts; sanction; legal regime; contravention; report of contravention and enforcement of the sanction; general law;special laws.;

Summary/Abstract: This study analyzes the particularities involved by the powers of the Court of Accounts to establish contraventions and to apply offences punishable in the specific activity of control/audit they achieve. Two categories of offences can be identified, namely contraventions that the Court of Accounts only finds, not having the power to apply sanctions against them, and contraventions for which the Court of Accounts is competent not only to identify them but also to apply the sanctions for them. The rules on contraventions that may be applicable to deviations discovered by the Court of Accounts can be found in the Law on the organization and functioning of the Court of Accounts No 94/1992, as well as in other special regulations that are analyzed in this article. The approach is carried out not only from a legislative and doctrinal perspective, but also from a case law perspective, being exemplified in some solutions given by the courts in cases concerning complaints against the contravention reports drawn up by the Court of Accounts. Finally, some conclusions are presented, which also include the authors’ point of view on the perspective approach, including by the legislator, of this issue.

  • Issue Year: 2017
  • Issue No: 10
  • Page Range: 40-51
  • Page Count: 12
  • Language: Romanian