CONSIDERAŢII ASUPRA PROCEDURILOR DE SOLUŢIONARE A CERERILOR DE SUSPENDARE A DECIZIILOR DE SANCŢIONARE EMISE DE CONSILIUL CONCURENŢEI
CONSIDERATIONS ON THE PROCEDURES FOR SETTLEMENT OF APPLICATIONS FOR SUSPENSION OF DECISIONS OF THE PUNITIVE SANCTION ISSUED BY THE COMPETITION COUNCIL

Summary/Abstract: Under Romanian law, the sanctions applied by the Competition Council are considered to be of a contraventional nature, in the absence of distinctly distinct regulation, which would entail the applicability of the general rules . In principle, in the case of criminal files the trial is carried out through alternative competences, usually at the place where the criminal act was committed, which always excludes the jurisdiction of a single court in order to be comfortable with the accuser. There is no rational reason for establishing this unique competence. Consequently, the establishment of an appeal as a means of access to justice necessarily implies also the possibility to use it in a real, concrete and effective way for all those who have a right, a legitimate interest, capacity and procedural quality and it is up to the Constitutional Court the power to analyze the proportionality of the additional condition imposed. Thus, the condition for the exercise of the exclusive jurisdiction of the Bucharest Court of Appeal, which is unique throughout the country as a condition for the admissibility of the application, imposes on the individual both excessive conditions for access to justice, as well as additional and significant costs in relation to the expenses incurred by citizen for payment of the justice service.

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