VULNERABILITĂȚILE LEGII NR. 360/2002 PRIVIND STATUTUL POLIȚISTULUI
VULNERABILITIES OF LAW NO. 360/2002 ON POLICEMAN STATUS

Summary/Abstract: Present work analyzes some vulnerabilities found by Constitutional Court referring to Law no. 360/2002 on Police Status. Constitutional Court stated by several decisions that the policeman is a public servant with special status, invested with exercise of public authority, and key aspects on his service relations must be regulated only by organic law and not by normative administrative acts issued by the Head of public authority. Consequently, although the law is a primary regulator, it must be detailed enough in order not to undermine effective article 73 paragraph (3) letter j) of the Constitution. From the point of view of Constitutional Court all issues referring to essentials elements on birth, execution and termination of service relations of the policeman must be regulated by organic law even if such a solution would become cumbersome in that would follow a law too bushy and full of details. Constitutional Court although has stated that normative orders that regulated the elemnts of service relations had not been published in Official Gazette, but we consider that such issue exceeds articles criticized and could have been analyzed by administrative courts by an action for annulment, in accordance with Law no. 554/2004 on administrative. Finally, we emphasize that Law no. 360/2002 contains other references to orders of Minister of Internal Affairs reffering to regulation of elements of service relations of the policeman remaining as the Constitutional Court to analyze that those are essential and must be regulated by organic law but only to the extent that will come before the Court.

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