EIRP Proceedings (Jun 2010)
Critical Observations on the Contravention Normative Framework in Romania. Perfecting Proposals
Abstract
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 lawframework 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 are not longer able to cover the practical needs of the domain, lacking the activity efficiency of different assertingagents. Thus, on the one hand, the asserting and punishing activities of contraventions lead to spending important human and financial resources, and it does not 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 courts through admission judgments of complaints and the annulment of contravention asserting reports and the appliance of contravention sanctions. Also, in caseswhen the contravention sanctions remain final and enforceable, their simply record "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 according 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.
