Administrative Sanctions and the Concept of 'Criminal Charge'. Romanian Perspective in a Comparative Law Study

• Author: Elena-Mihaela Fodor
• Position: Associate Professor, PhD, Cristian University 'Dimitrie Cantemir', Cluj Cluj-Napoca, Romania
• Pages: 16-30

ACTA UNIVERSITAT

16

Abstract: Objectives

: The

administrative sanctions so t

created by the European Co

jurisprudence

not many aut

Government Ordinance No.

In the jurisprudence of som

principles that protect again

have been made on thi s subje

European count ries, searchin

Also the jurisprudence app ro

study should be useful for ad

the courts in appreciating the

charge”. Value

: This paper i

law and points out to what ex

Keywords:

legal principles;

1. Introduction

In the Romanian law th

contain general norms

This can be a problem w

law there are sufficient

the lack of general prov

principles that should be

Government Ordinance

some protection is ens

However, for administ

1

Associate Professor, PhD,

Cr

Cluj-

Napoca, Romania.

Corresponding author:

mihae

ATIS DANUBIUS

Administrative Sanctions and the C

“Criminal Charge”.

Romanian Perspective in a Compa

Law Study

Elena-Mihaela FODOR

1

he research tries

to point out the principles that shou

o that the requirements from the autonomous notion of “crim

Court of Human Rights should be fulfilled .

Prior Work

: In

authors have referred to this subject. Comments on the di

o. 2/2002 regarding the juridical frame for contravention hav

some European countries where no specific legal disposi

ainst public power abuse in enforcing administrative sanction

bject.

Approach

: A search has been conducted in the legislat

hing for Constitu

tional or Administrative Acts dispositions o

proach on the matter in these countries was observed.

Impl

administrative bodies in their investigative and sanctioning ac

the consequences of valuing a certain administrative sanction a

r is

summarizing

the principles of criminal law that apply to a

t extent the Romanian

legal norms express those principles.

s; punitive sanctions; human rights

there is no Administrative Procedure Code or a sim

s regarding the issuing and enforcin

g of administ

m when administrative sanctions are concerned. If

nt provisions protecting against abuse from public

rovisions in the administrative law result

s in a lack

be applied when administrative sanctions are enfor

ce No. 2/2001 regarding the juridical frame for con

nsured by dispositions similar to those in the c

ri

istrative sanctions inflicted for administrative inf

Cristian University “Dimitrie Cantemir”, Cluj

-

Napoca, 2 Bu

Tel.:

+40.364.401.057; +40.264.432.211; fax: +4

0

haelafodor@yahoo.co.uk

.

AUDJ, vol

. VII, no.

No. 2/2011

Concept of

parative

hould apply to

riminal charge”

: In the national

dispositions of

ave been made.

si

tions refer to

tions, comments

lation of several

s on the matter.

plications

: The

activity and

for

n as a “criminal

o administrative

similar act to

istrative law.

If in criminal

ic authorities,

ck of general

forced. In the

contravention

riminal law.

infringements

Burebista Street,

0.

264.432.265.

o.

2, pp. 16-30