Challenge of fines for non-compliance with movement restrictions
Cristian Roman, Partner at Iordăchescu & Associates
Starting with the establishment of the state of emergency by the Decree no. 195/2020, several movement restrictions were imposed in Romania by various military ordinances. The measures established by the Military Ordinance no. 3/2020 are currently in force.
According to the provisions of article 1, the movement of all persons outside the residence / household is prohibited, with the exception of the following:
a) movement for professional interest, including between residence / household and the place / places of the professional activity and back;
b) movement to provide goods that cover the basic needs of persons and pets / domestic animals, as well as goods necessary for the professional activity;
c) movement for medical assistance that can neither be postponed nor ensured remotely;
d) movement for justified reasons, such as caring for / accompanying the child, assisting the elderly, sick or disabled persons, or the death of a family member;
e) short walks close to the residence / household related to the individual physical activity of the persons (any team sport activities excluded), as well as for the needs of pets / domestic animals;
f) movement for blood donation to blood transfusion centers;
g) movement for humanitarian or volunteering purposes;
h) movement for agricultural activities;
i) the movement of agricultural producers for the sale of agri-food products.
At the same time, further restrictions were imposed for persons aged 65 and it is provided that in order to justify the reason for leaving the residence it is necessary to present, as the case may be, the professional card, the certificate issued by the employer, or a declaration on oath.
What happens if we do not comply with these measures or if the State bodies consider that the reason for leaving the residence is not justified?
Failure to comply with the measures provided by the Military Ordinance no. 3/2020 shall give rise to the liability for administrative offenses according to article 27 of GEO no. 1/1999. Thus, the heads of public authorities, of other legal persons, as well as natural persons have the obligation to comply with and apply all measures established by this emergency ordinance, related legal acts, as well as military ordinances or orders specific to such a state.
In case of non-compliance, the sanction applicable to natural persons is a fine between RON 100 and RON 5,000. (article 9 paragraph (1) and article 28 of GEO no. 1/1999)
However, the liability for administrative offense does not exclude the disciplinary, civil or criminal liability insofar as their specific conditions are met.
Which State bodies can verify compliance with travel restrictions?
According to the provisions of the Military Ordinance no. 3/2020, the Romanian Police, Romanian Gendarmerie and the local police are duly competent to act. In addition, the Ministry of National Defense can provide, upon the request of the Minister of Internal Affairs, personnel and logistical means to support public order activities.
How can we challenge the fines for non-compliance with travel restrictions?
The reports for ascertaining the administrative offense and imposing the fine can be challenged according to the usual procedure provided by the Ordinance no. 2/2001. Thus, a complaint can be lodged against it within 15 days from the date of hand delivery or communication. However, the limitation period of 15 days does not start to run until after the cessation of the state of emergency according to article 41 of the Decree no. 195/2020.
The complaint shall be filed with the court that has territorial jurisdiction over the administrative offense and its submission suspends the execution of the fine sanction.
For more details on this subject or to provide legal assistance in this area, the Iordăchescu & Associates team stands by you during this period and our lawyers can be contacted both online and by phone.
Phone: +40 264 450 124