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

Summary/Abstract: We continue to present the considerations regarding the procedures for solving the requests for suspension of the sanctioning decisions issued by the Competition Council by analyzing some difficult or unclear aspects resulting from the application of the current legislation. Without considering the above arguments, we consider that they are applicable mutatis mutandis to the subject matter of the law referred to in art. 51, paragraph 2 of the Competition Law – conditional on the admissibility of the request for suspension of the decision on sanctioning the contravention of bail, the constitutional principle of universality with regard to the application of more favorable contravention laws, but also the constitutional principle of the freedom of access to justice guaranteed by the norms of the fundamental law as set out in the previous article. The obligation to pay a bail as a sine qua non condition of admissibility of a request for suspension regarding a sanction of contravention is not proportionate to the aim pursued by the legislator, the public advantage being insignificant in relation to the extent to which the rights and fundamental freedoms of the of the individual, respectively those enshrined in art. 21 and art. 24 of the Constitution. It is noted that the rules of law analyzed have established a single territorial jurisdiction at national level regarding the settlement of judicial actions against decisions on sanctioning of contravention issued by the Competition Council and it is important to determine whether this public institution is given an advantage by the way of choosing of a competent territorial court from its headquarters in relation to the rest of the country.

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