PRACTICAL REFLECTIONS ON CIVIL SANCTIONS
PRACTICAL REFLECTIONS ON CIVIL SANCTIONS
Author(s): Marta-Claudia ClizaSubject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: civil sanction individualization; fine; warning; partialism
Summary/Abstract: We are nowadays witnessing a continuous development of the judicial practice, especially in what concerns contravention field. Therefore, the case law provided a great number of examples regarding the appropriate way of reviewing and applying the process of individualization of contraventions, in relation to the circumstances of every case.It is well known that any legal sanction, including the civil sanction, is not an end in itself, but a means of regulating social relationships, of creating a responsibility spirit, the value of which cannot be conditioned by the partialism of the official examiner.Notwithstanding, situations may still be encountered requiring a re-individualization of the civil sanction, as we will discuss in this article, namely the replacement of the fine with the warning, given that the petitioner has fulfilled his obligation concerning the payment of the bridge toll, but he fulfilled it with delay.
Journal: Studii Juridice şi Administrative
- Issue Year: 17/2017
- Issue No: 2
- Page Range: 65-71
- Page Count: 6
- Language: English
