Government identifies misdemeanors under the Prevention Law and provides a template for the remediation plan

In January we reported that a new “prevention law” passed by Parliament that directs public authorities to issue a warning and schedule a plan of remediation before imposing misdemeanor fines. In this respect, all the public authorities / institutions with powers of control, detection and sanctioning of misdemeanors have the obligation, according to the areas under their responsibility, to elaborate and, within 3 months from the date of coming into force of this law, to disseminate documentary materials and guides and allocate sections dedicated to public information on the website. The “prevention law also gives authorities the ability to assess the danger created by certain misdemeanor violations and decide upon the most appropriate course of action.

The new law affects a limited number of misdemeanors. For these violations, the authorities will not be able to impose penalties immediately. The change is based on the premise that some violations do not represent a significant danger to the public. Thus, the preference for the use of a scheduled remediation plan before imposing a fine.

The Prevention Law became effective on 17 January 2018. It was passed on 28 December 2017, Law no. 270/2017, but only recently those misdemeanors have been updated by a Government Decision and published in the Official Gazette.

In its Decision, the Government underlines the same principles as found in the Prevention Law, stating that if the condition persists more than ten days after the public officer has issued the remediation plan, then the fine will be imposed.

The same Decision also establishes the template for remediation plans. If such a remediation plan is not issued, then the fine is considered abusive and will be annulled. However, if the same misdemeanor occurs again within three years, then the fine will apply directly.

An example of a covered misdemeanor breach would be a failure by an employer to publish its collective employment agreement, which can subject the employer to a fine of up to RON 3,000.

Stratulat Albulescu - Attorneys at law