Implementarea în statele membre
ale Uniunii Europene a Deciziei
cadru 2005/2014/JAI privind sancţiunile pecuniare
IMPLEMENTATION OF THE FRAMEWORK DECISION 2005/2014/JAI REGARDING PECUNIARY SANCTIONS IN MEMBER STATES OF THE EUROPEAN UNION
Author(s): Pavel Palcu, Monica-Adriana PalcuSubject(s): EU-Legislation
Published by: Editura Hamangiu S.R.L.
Keywords: International Cooperation; financial penalties; certificate; tasks; skills;
Summary/Abstract: Freedom of movement allows citizens access across Europe and companies to carry out activities without difficulties. Thus, new difficulties have been created in the application of sanctions against those who are not residents of states in which the offense has been committed. EU Council Framework Decision 2005/214 JHA on the application of the principle of mutual recognition of financial penalty implemented in Romania by Law no. 758/2008 has amended Law no. 302/2004 and covers both criminal offenses and administrative violations, including violation of traffic rules, health and safety. In the context of the Framework Decision, the penalty or the financial penalty has to be imposed by a final judgment. No matter if the decision is taken by a judicial or administrative authority, subject only to Article 6 of the ECHR in that it must be possible to appeal against the decision, in court. Enforcement of the decision will take place without further ado, unless there are raised grounds for non-recognition.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: II/2014
- Issue No: II
- Page Range: 170-183
- Page Count: 14
- Language: Romanian