Uncertainty of the Misdemeanours’ Legality Ascertained and Sanctioned during the COVID-19 State of Emergency in Romania
Uncertainty of the Misdemeanours’ Legality Ascertained and Sanctioned during the COVID-19 State of Emergency in Romania

Author(s): Marius-Adrian Arva
Subject(s): Health and medicine and law, Policy, planning, forecast and speculation
Published by: Scientia Moralitas Research Institute
Keywords: emergency state; misdemeanor; unconstitutionality; legislative anachronism;
Summary/Abstract: In the context of the need to implement on the Romanian territory specific measures to prevent the epidemiological spread generated by the evolution of the global pandemic with Sars-Cov-2 virus, we drew attention through this study to the sanctioning instruments invested to apply them amidst civilian population. So, firstly we point out the lack of clarity and foresight of the sanctioning normative acts adopted as a matter of urgency by the Romanian Government as the exceptional legislator that can lead to errors in completing the reports of ascerting and sanctioning petty offences, errors that are likely to cause mischiefs to individuals who came into contact with state agents during the emergency state. Secondly, we evidentiate the potential effects that the declaration of unconstitutionality for the legal provisions regarding the sanctioning regime of the deeds committed in connection with the declaration of the emergency state on the Romanian territory might have, respectively the potential expenses that the state will be required to pay to the citizens sanctioned for misdemeanors generated by the contestation in front of judiciary courts of the sanctioning reports, thus failing to achieve the preventive and repressive purpose of the measures initially generated.

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