THE LEGAL NATURE OF THE CONTRAVENTION AND ITS INFLUENCE ON THE NULLITY OF THE RECORD OF FINDING THE CONTRAVENTION

Raluca Antoanetta Tomescu ()
Additional contact information
Raluca Antoanetta Tomescu: ãAndrei SagunaÓ University of Constanta, associate teacher at the Maritime University of Constanta Romania

Perspectives of Law and Public Administration, 2022, vol. 11, issue 1, 125-133

Abstract: In the current system of Romanian law, as in other European countries, the contravention was removed from the scope of criminal law, which is subject to an administrative regime, the option of the Romanian legislator being, obviously, to give it an independent character. Although it enjoys its own regulation, the contravention is still marked by the influences of the old regulations, in which it was assimilated to criminal matters, and the current normative framework is supplemented with the imperatives of the Civil Code, the Criminal Code, but also those of the Code of Civil Procedure. Thus, located at the border of several branches of law, a state of ambiguity was created, which was reflected in a nonunitary application of the law by the courts. In judicial practice, when the nullity of the record of finding and sanctioning the contravention was invoked, the solutions given were divergent, not only regarding the nature of the nullity that operates, but also regarding the imperative of showing an injury that can only be removed by annulment of the act. Consequently, the present study aims to analyze the conditions in which the record of finding the contravention is sanctioned with the nullity and influence of other branches of law on them, as well as the difference between the annulment of an administrative act that harms a right or a legitimate interest of the person and the nullity of the legal act concluded with the non-observance of the legal conditions provided for his validity.

Keywords: contravention; annullable act; nullity; injury. (search for similar items in EconPapers)
JEL-codes: K33 K34 (search for similar items in EconPapers)
Date: 2022
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://adjuris.ro/revista/articole/An11nr1/14.%20Raluca%20Tomescu.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:11:y:2022:i:1:p:125-133

Access Statistics for this article

More articles in Perspectives of Law and Public Administration from Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) Contact information at EDIRC.
Bibliographic data for series maintained by Catalin-Silviu Sararu ().