The new prevention law allows warnings, and compliance schedules for minor offences before fines are imposed

A new “prevention law” has been passed that directs the public authorities to issue a warning and schedule a plan of remediation before imposing misdemeanor fines.

The prevention law alters Government Ordinance 2/2001, which establishes the schedule of offenses and prescribed penalties. The new law changes the existing law by moving the authority the capacity to self-assess the danger created by certain misdemeanor violations. The charging officer will not have the sole authority to decide whether to issue a warning with a remediation plan or to proceed directly to applying the prescribed penalty for any violation. The prevention law will apply to a specified set of misdemeanors for which the authority must first issue a warning along with scheduling a remedy plan within a certain timeline. If the plan is not followed, then the authority must impose the penalties.

The violations affected have been identified by the Government in the Government Decision passed on 25 January 2018. However, for the change to become effective, the affected offenses must be published in the Official Gazette.

The new law will affect a limited number of misdemeanors, but for these violations, the authorities will not be able to impose penalties immediately (if ever). 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 remedy 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 (hereinafter “Prevention law”) and then published in the Official Gazette.

Stratulat Albulescu - Attorneys at law