Despre natura juridică a măsurilor instituite prin proiectul legii prevenției
About the legal nature of the measures established by the draft law on prevention

Summary/Abstract: From a legal point of view, the concept of prevention is closely related to public order. Through prevention it is intended to take in time all necessary measures in order to avoid acts that are against the law, by means of warning, notification or by informing the individual. In this way the attention of the individual is drawn to the negative consequences of his deeds, thus preventing him from breaking public order. In general, public order means social status, consisting in a proper performance of public authorities’ activities, compliance with social cohabitation rules, maintenance of public peace, protection of public and private property, of rights and legitimate interests of citizens as well as public sanitation. According to the law, to ensure the climate of public order and peace, necessary for the normal development of the economic, social and cultural activities and the promotion of civilized relationships in everyday life, citizens are required to have a civic, moral and responsible behavior in the spirit of the laws of the country and the rules of social coexistence. The defense of public order is accomplished through administrative police actions, with the main aim of preventing the disturbance of public order and not to bring to account those who have disturbed public order and peace. Therefore, the administrative police has a preventive character due to the control and prevention measures that are performed, thus distinguishing from the judicial police, which has as a specific the criminal repression or the activity of applying the contraventional measures or other types of measures. The control activity aims to discovering and finding out the negative situations, the irregularities and the inconsistencies in the controlled activity, followed by the application of sanctions or other measures provided by the law by the competent bodies. As a result, at the present moment, the effectiveness of a control action is appreciated, in particular, by the volume and nature of deviations found, as well as the number of sanctions applied. The purpose of the Prevention Law is to regulate a series of instruments to ensure the prevention of contravention by individuals or entities engaged in economic activities, or by central or local public law bodies. Consequently, the public institutions with control activity have the obligation to guide the economic operators, the natural persons and the public institutions controlled for the correct and unitary application of the legal provisions that are subject to the control activity.

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