THE COURT’S COMPETENCE TO DISMISS THE SUPPLEMENTARY SANCTION
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Eugenia Iovănaș: University Aurel Vlaicu, Arad
SEA - Practical Application of Science, 2017, issue 13, 135-141
According to art. 34 par. 1 from the UGO no. 34/2001, the court settling the complaint against the offence notice, verifying the legality and substantiality of same, decides on the sanction without distinguishing between the main and the supplementary sanctions. From corroborating these legal provisions with the stipulations under art. 5 from the same normative act, according to which the established sanction must be proportional with the degree of social danger of the committed act, without making differences between the types of sanctions, as well as those of art. 5 and art. 6 according to which the supplementary sanctions are to be applied depending on the nature and seriousness of the fact, it results that the law enforcer has also decided on the right of the court to assess inclusively the proportionality of the sanction in case of applying the supplementary measures, not only in applying main sanctions. And this is so because the proportionality of the committed act and its consequences is one of the requirements demanded by the ECHR jurisprudence in the matter of applying any rights restrictive measures.
Keywords: Contraventional/social sanction; The contraventional law; Social danger; The Government’s Order 2/2001; Individualize the sanction (search for similar items in EconPapers)
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Persistent link: https://EconPapers.repec.org/RePEc:cmj:seapas:y:2017:i:13:p:135-141
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