Centrul de Drept Constituțional și Instituţii Politice (CDCIP)

Mădălina Elena MIHĂILESCU – Brief comment upon Decision no.222/13.03.2007 of the Constitutional Court of Romania

The Decision no.222/13.03.2007 of the Constitutional Court of Romania touched upon a controversial issue, namely the application in time of article 12 if O.G. no.2/2001 regarding contraventions. This decision offered the answer to the questions regarding the foundation of the difference of treatment, between two categories of persons that committed misdemeanors – those who committed them and were sanctioned and those cu committed such as acts but, were not sanctioned because the competent authorities couldn’t ascertain those acts.

The presentation of the entire relevant case-law in front of the Constitutional Court resulted in a change of position of this jurisdiction and in the acknowledgment of existing discrimination between the two categories of people who had committed contraventions.