Post by account_disabled on Feb 14, 2024 18:18:46 GMT 9
Athrough the referral made by the Sibiu Court concerns the interpretation and application of the provisions of art. para. from Government Ordinance no. in the sense of establishing to what extent the day term provided for by this law is also applicable in terms of filing the reasons for the contravention complaint given that the norm in question stipulates that against the minutes of detection of the contravention and application of the sanction a complaint can be made within days from the date of its handing or communication.
As a preliminary note it is noted that as the complaint is formulated the Mali Email List examination of the abovementioned legal issue implicitly aims to analyze the incidence and respectively the applicability in the conduct of the contravention process in the first instance of the procedure for verifying the request and of its regularization provided by art. of the . and of the same code. . This because according to art. para. from Government Ordinance no. the contravention complaint is submitted to the court in whose constituency the contravention was committed and according to art. of the same normative act the provisions of this special normative act are supplemented with the provisions of the Civil Procedure Code.
From the perspective of the abovementioned legal texts in agreement and with the unanimous interpretations presented in the doctrine regarding this aspect shared even in the opinion according to which the contraventional complaint addressed to the court without reasons could not attract the sanction of its annulment is it should be noted that the contraventional complaint registered with the competent court with all its particularities is circumscribed by the legal regime applicable to preliminary court requests according to art. of the Civil Procedure Code after registration with the competent court the contraventional complaint similar to any summons must.
As a preliminary note it is noted that as the complaint is formulated the Mali Email List examination of the abovementioned legal issue implicitly aims to analyze the incidence and respectively the applicability in the conduct of the contravention process in the first instance of the procedure for verifying the request and of its regularization provided by art. of the . and of the same code. . This because according to art. para. from Government Ordinance no. the contravention complaint is submitted to the court in whose constituency the contravention was committed and according to art. of the same normative act the provisions of this special normative act are supplemented with the provisions of the Civil Procedure Code.
From the perspective of the abovementioned legal texts in agreement and with the unanimous interpretations presented in the doctrine regarding this aspect shared even in the opinion according to which the contraventional complaint addressed to the court without reasons could not attract the sanction of its annulment is it should be noted that the contraventional complaint registered with the competent court with all its particularities is circumscribed by the legal regime applicable to preliminary court requests according to art. of the Civil Procedure Code after registration with the competent court the contraventional complaint similar to any summons must.