Critical Observations on the Contravention Normative Framework in Romania. Perfecting proposals

Author:Tache Bocaniala
Position:Danubius University of Galati, Faculty of Administrative Sciences
Pages:323-329
SUMMARY

The legal regime of contraventions, along with the penal normative framework represents for the law enforcement agencies, the main tools for ensuring, maintaining and restoring law and order. The law framework in contravention matters in Romania, the Government Ordinance No. 2. July 12th 2001 on the legal regime of contraventions, with all subsequent amendments, are now in a situation where they... (see full summary)

 
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Reforming Public Administration
323
Critical Observations on the Contravention
Normative Framework in Romania.
Perfecting Proposals
Tache Bocaniala
Danubius University of Galati, Faculty of Administrative Sciences, tache.bocaniala @ univ-
danubius.ro
Abstract: The legal regime of contr aventions, along with the penal normative framework represents for the
law enforcement agencies, the main tools f or ensuring, maintaining and restoring la w and order. The law
framework in contravention matters in Romania, the Government O rdinance No. 2. July 12
th
2001 on the
legal regime of contraventions, with all s ubsequent amendments, are now in a situation where they are not
longer able to cover the practical needs of the domain, lacking the activity effic iency of different asserting
agents. Thus, on the one hand, the asserting and punishing activities of contraventions lead to spending
important human and financial resources, and it does n ot have the purpose provided by law, on the other
hand, this situation determines an unduly large load on the court with complaints against the contravention
report and the multiplication of cases solved by the c ourts through admission judgments of complaints and
the annulment of contravention asserting reports and the a ppliance of contravention sanctions. Als o, in cases
when the contra vention sanctions remain final and enforceable, their simply r ecord "in flow" is not likely to
correct the offender, the standing evidence being the increasing number of imposed fines, which are marked
on local public administration records as unfulfilled. Replacing the laws relating to contravention
imprisonment with the provision of community service activities were not likely to lead offenders to refrain
from committing such acts, or to pay voluntarily the imposed fines, whereas acc ording to the current
regulatory provision of an activity of community service cannot be put into repossession. In conclusion, we
consider necessary the intervention as urgent as possible of the legislator to correct, supplement and improve
the contravention normative framework which leads us to several proposals.
Keywords: legal regime of contraventions; lack of efficiency; critical remarks; improving proposals
1. Preliminary Considerations
According to the standard regulatory framework
1
, the fault committed out of guilt is a contravention,
determined and sanctioned by the law, ordinance of the Government or, where appropriate, by decision of
the local council of the village, town, municipality or the sector of Bucharest, the Board county or the
General Council of Bucharest County.
The appropriate social danger off the contravention, unlike the crime that has a specific regulation, is not
defined by Government Ordinance no. 2/2001.
1
Government Ordinance No. 2. 12 July 2001 on the legal regime of contraventions, with subsequent amendments, the latest
being the Law 293 of September 28, 2009.

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