Cosmin A. Popescu – Law Office

Fines imposed during the State of Emergency may be canceled

In the meeting of 06.05.2020, RCC established that art. 28 of the Government Emergency Ordinance no. 1/1999 is unconstitutional because its provisions are “characterized by a deficient legislative technique, do not meet the requirements of clarity, precision and predictability and are thus incompatible with the fundamental principle of respecting the Constitution, its supremacy and of the laws, provided by art. 1 paragraph (5) of the Constitution (...) ”

Fines imposed during the State of Emergency may be canceled

In the meeting of 06.05.2020, RCC established that art. 28 of the Government Emergency Ordinance no. 1/1999 is unconstitutional because its provisions are “characterized by a deficient legislative technique, do not meet the requirements of clarity, precision and predictability and are thus incompatible with the fundamental principle of respecting the Constitution, its supremacy and of the laws, provided by art. 1 paragraph (5) of the Constitution (…) ”

At the same meeting, the RCC also established that the Government Emergency Ordinance no. 34/2020 for amending and supplementing the Government Emergency Ordinance no. 1/1999 is unconstitutional as a whole, because “it was adopted in violation of art. .115 paragraph (6) of the Constitution, since its normative content aimed at restricting the exercise of certain fundamental rights and freedoms ”.

The legal situation generated by the Decision of the Constitutional Court has as effect the possibility for the courts to annul the Minutes concluded during the State of Emergency pursuant to art. 28 of the Government Emergency Ordinance no. 1/1999, with the consequence of canceling the fines applied or refunding the amounts already paid by the offenders.

The complaint can be submitted to the court within a maximum of 15 days from the date of cessation of the State of Emergency.

The aforementioned information are valid on 07.05.2020. To update the information please contact us.