Tools To Ensure The Prevention Of Contraventions

Author:Elena Emilia Stefan
Pages:129-138
SUMMARY

Nowadays, the most common form of law infringement is contravention. The Romanian contravention law was improved at the end of 2017 by a legislative novelty regulating the instruments to ensure the prevention of contraventions. The contraventions provided in this administrative act are diverse and it is interesting that despite this, the law maker provides in many cases the application of a... (see full summary)

 
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LESIJ NO. XXV, VOL. 2/2018
TOOLS TO ENSURE THE PREVENTION OF CONTRAVENTIONS
Elena Emilia ȘTEFAN
Abstract
Nowadays, the most common form of law infringement is contravention. The Romanian
contravention law was improved at the end of 2017 by a legislative novelty regulating the instruments
to ensure the prevention of contraventions.
The contraventions provided in th is administrative act are diverse and it is interesting that
despite this, the la w maker provides in many cases the application of a penalty, namely th e warning,
which is then followed, as the case may be, by the application of a measures plan, limited in time.
Furthermore, the offenders will not be pardoned every time, but only once, provided that they fulfill the
obligations provided by the measures plan and within the deadline established by the official examiner.
This law would have remained only at the stage of intention and without application if the executive
had not adopted the administrative act identifying the contraventions con templated by it, but once the
respective Government resolution has been adopted, we can only wait for the time to see the
effectiveness of it application.
This is why, in this study, we will analyze this topic by being of great i nterest and adapted to
social realities. By being a legislative novelty for the national law system, the scientific research that
we performed is mainly focused on the legislation and the doctrine.
Keywords: Contraventions, prevention law, correction plan, warning, Government resolution.
1. Introduction
The field of contraventions is
undoubtedly an area with the most profound
and complex implications in the everyday
life of citizens and, by default, in the
administrative practice of authorities with
duties in the field
1
. Therefore, we believe
that it is required to know the legislation in
the field, the contravention functioning
mechanism, not so much in terms of the
sanction, but especially in terms of the tools
for the prevention of contraventions.
The scientific research started with the
documentation on the topic and included:
Lecturer PhD, Faculty of Law, “Nicolae Titulescu” University of Bucharest (e-mail: stefanelena@gmail.com).
1
Dana Apostol Tofan, Drept administrativ, volume II, edition 4, Bucharest, C.H. Beck Publishing House, 2017, p. 371.
2
Prevention Law no. 270/2017 of December 22nd, 2017, published in Official Journal no. 1037 of 27.12.2017.
3
Government Resolution no. 33/2018 establishing the contraventions which fall under the scope of Prevention
Law no. 270/2017, and of the correction plan model, published in Official Journal no. 107 of 05.02.2018.
legislation, doctrine and case law. Therefore,
we noted that, in what con cerns the subject
we propose and the date on which we draw
up this study, no doctrine and case law is
available, being about the recent adoption of
Prevention Law no.27 0/2017 of 22.12.2017
(hereinafter referred to as the Prevention
Law)
2
and Government Resolutio n no.
33/2018 establishing the contraventions
which fall under the scope of Prevention
Law no. 270/2017, and of the correction plan
model
3
, having the nature of legislative
novelty.
Prevention Law no. 270/2017 came
into force on January 17 th, 2018 but it could
not be applied due to the fact there is a

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