CC, notified on the fine for lack of vignette

The ombudsman appealed to the Constitutional Court, the provisions that oblige to compensate in the case of those who drive without vignette, it is shown into a notification of the institution.

"The ombudsman considered that the provisions of Art. 8 paragraph (3) and Appendix no 4 of the Government Ordinance no. 15/2002, approved by Law no. 424/2002, violate art. 1paragraph (5), Article. 11 ​​and art. 20 of the Constitution. In considering of European Court of Human Rights and the Constitutional Court’s jurisprudence , the Ombudsman noticed that the criticized legal text that sets up obligation to pay a sum as compensation, in addition to fine contravention, predictability does not meet the requirements of art. 1 paragraph (5) of the Constitution, since it does not regulate, in a clear and predictable way, neither the legal nature of the charge for compensation nor how to apply its provisions on payment, "reveals the notification.

In relation to illegalities, taking into account the legal nature of sanctioning illegal behaviour, there should be a clear, accurate, appropriate, proportionate legislation that does not give rise to different interpretations and applications from authorized persons and public authorities with responsibilities in applying the contraventional rule and check the legality of its application, says the Ombudsman.

In its arguments, the Ombudsman sustained that the legislature should provide within the law so that citizens may not be attributable the effects of an arbitrary interpretation and application of a legal instrument with unpredictable provisions, in a state where human dignity, rights and freedoms of citizens are values recognized and guaranteed ​​at ultimate constitutional provisions of the Basic Law.

It is supposed that the constitutional administrative court to rule on the constitutional challenge of art raised directly by the Ombudsman.

"However, the Ombudsman submitted the Presidents of both Houses of Parliament and Prime Minister a special report on this issue, it has notified the existing legislative inadequacies and presented ​​some mistakes, abuses or excesses of zeal committed by authorized personnel of national Company of motorways and National Roads in Romania and the authorities involved in the implementation of legal provisions on pay toll for using the national road network in Romania, "the notification says.

Vignette payment per year plus the fine, "excessive"

Ombudsman, Gheorghe Iancu, announced last week that he will appeal to the Constitutional Court the legislative Act provisions which regulate the penalty for the lack of vignette, he appreciating that these are "excessive".

"CNADR says so far that as many devices exist on the road, as many fines and compensation are given, which seems to me at least abusive or excessive, rather.

"While, other sides, including courts, have considered it as a continued contravention, and then, as it was found that the person is the offender, until he takes another vignette, there is only one continued illegality. It is necessary a single fine and one compensation", has declared at the air show “Actualitatea în dezbatere”, the Ombudsman, Gheorghe Iancu.

Gheorghe Iancu told Radio România Actualităţi that any decision of the Constitutional Court that will approve the referral made by the Ombudsman will only have effect in the future, not retroactively.

Gheorghe Iancu announced a few weeks ago that he will investigate the drivers’ received penalties for the lack of vignette and will analyze the legality under which these are released.

"We did the analysis that I was talking about and I announce you that we will have a special rapport of the Ombudsman on this issue , which will be ready soon. Even though he was not drafted yet in final form, I am able to announce you that next week I will notify the Constitutional Court on this issue ", said the Ombudsman.

Translated by Alexandra-Diana Mircea
MTTLC, Bucharest University