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The Constitutional Court of Romania upholds an objection of unconstitutionality regarding contraventional matters

November 2022

  • The high frequency of contraventional disputes may justify the regulation of a special simplified and vigorous judicial procedure, which would prove particularly useful in relation to complaints against warnings and fines of low value.
  • With the purpose of creating such procedure, the Plenary of the Chamber of Deputies adopted on March 23rd 2022 the Law amending and supplementing the Government Ordinance no. 2/2001 on the legal regime of administrative contraventions (legislative proposal Pl-x no. 589/2021).
  • On April 5th 2022, the Ombudsperson filed an objection regarding the unconstitutionality of the abovementioned law.
  • By the Decision no. 404/2022 published in the Official Gazette on November 14th 2022, the Constitutional Court admitted the objection, declaring unconstitutional the law that would have established a special procedure for challenging warnings or contraventional fines amounting less than 3.000 RON.

Ileana Nicolescu and Iunia Radu analysed the Constitutional Court’s decision on this issue in the article available (in Romanian) HERE.

SIMION & BACIU’s Dispute Resolution practice proposes a sharp and genuinely diligent commercial judgment that enables our litigators to get to the heart of a business-related disputes.

Details about our practice are available HERE.

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