The Ablation System. More favorable contravention law or legal facility? Brief considerations on Law no. 155/2020

Authors

  • Alina Zorzoana

Keywords:

ablation, legal facility, more favourable law, electricity

Abstract

This article aims to be a comparative analysis between the concepts of more favourable contravention law and legal facility, regarding the ablation system provided by Government Ordinance no. 2/2001 on the legal regime of contraventions, with subsequent amendments and supplementations.

Thus, we shall try to answer the question what is the legal nature of the ablation system? The discussions are in both directions, as there are opinions according to which the ablation system corresponds to the material law, when it actually is a more favourable legal regulation. Obviously the effects of the two institutions are different and we shall analyze them herein below.

We chose as a case study Law no. 155/2020 for amending and supplementing the Law on electricity and natural gas no. 123/2012 and on amending and supplementing other regulations, which exempted the ablation system in the field of electricity from application.

References

Ursuța, M (2018) Contravention law and judicial procedure in public law. Current events and perspective, p.38-39
Drăghici, C. Iacob, A., Draghici, C.V (2019) Contravention law, Sitech Publishing House, 2019, p.93-96
Hotca, M. A., (2012) The legal regime of contraventions. Comments and explanations. 5th edition, CH Beck Publishing House, p. 369-371
Podaru, O., Chiriță, R., Păsculeț, I., (2019) The legal regime of contraventions. Government Ordinance no. 2/2001 with comments, 4th edition Hamangiu Publishing House, p. 354-356
Podaru, O. About the ablation system in contravention law: An inconsistent policy with strange effects, in Universul Juridic no. 8/2019, pages 6-25
Verginia Vedinaș, V (2017), Administrative law, 10th edition, Universul Juridic Publishing House, p.560-561
Ursuța, M. Losing the nature of a contravention and application of the more favourable contravention law. Theoretical and practical issues, in the “Dreptul” Magazine (Lawyers’ Union) no. 8/2020

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Published

2021-09-02

How to Cite

Zorzoana , A. . (2021). The Ablation System. More favorable contravention law or legal facility? Brief considerations on Law no. 155/2020: Array. Acta Universitatis Danubius. Juridica, 17(2). Retrieved from https://dj.univ-danubius.ro/index.php/AUDJ/article/view/1324

Issue

Vol. 17 No. 2 (2021)

Section

Studies and Articles

License

The author fully assumes the content originality and the holograph signature makes him responsible in case of trial.