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casinoinside.ro – Ubi Lex Non Distinguit, Nec Nos Distinguere Debemus, in real life. Brief considerations on the provisions of Art. VIII of Government Emergency Ordinance no. 48/2020 on certain fiscal financial measures

by Andrei Cosma (Senior Associate); Ana-Maria Coruga (Senior Associate) and Teodora Popescu (Associate) SCA Simion & Baciu

Since it provoked numerous discussions in the public sphere, but also multiple questions regarding the concrete application of the legal texts, we dedicate this article to the provisions of article VIII of Government Emergency Ordinance no. 48/2020 on certain fiscal financial measures (“GEO 48/2020”), with the purpose of setting out some specific considerations regarding the application in time of the provisions regarding the fees related to the authorizations for the operation of traditional games of chance.

The application in time of the law is a complex subject, which aims both at the concrete evaluation of a factual situation and at the interpretation and application of legal norms to that situation, which in itself can be extremely nuanced and complex, depending on its particularities. This is also the case for the way in which gambling fees are due and paid, as well as the effects generated by the payment of such fees, including with respect to the sanctioning nature and the validity of licenses and authorizations granted to gambling organizers.

In the absence of an official interpretation on the constitutionality of the legal provisions made by the Constitutional Court, with concrete applicability covering all the details and hypotheses of the factual situation in question, we do not consider that drastic or absolutely definitive conclusions can be drawn. All the more so, a legal provision would be deprived of its applicability in the spirit and especially in the letter in which it was provided. Therefore, we present below a series of considerations and arguments that show both the complexity of the application of art. VIII of GEO 48/2020, as well as the complexity of the interpretation of the legal provisions as they were provided.

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