The suspension of the exercise of the right to drive on public roads. Unlawfulness of the measure by non-compliance with art. 103 paragraph (1) letter a) of the Government Emergency Ordinance no. 195/2002

DREPTUL CONTENCIOSULUI ADMINISTRATIV ŞI FISCAL

Abstract

The simple issue of an invitation to appear himself or herself to the traffic police office in order to deliver the driving license cannot be equivalent, from the point of view of the legal regime and of the effects provided for by law for this administrative act, to the decision for suspension of the exercise of the right to drive, considering that the above-mentioned normative provisions imperatively require the obligation to issue and, at the same time, to communicate the decision to the person concerned, as an administrative act, according to which it is ordered the complementary penalty for suspending the exercise of the right to drive in compliance with the provisions of art. 103 paragraph (1) letter a) of the G. E. O no. 195/2002. At the same time, such equivalence could be taken into consideration only in the context in which failure to formally issue a decision as an administrative act shall should not result in any mandatory legal effects as regards the recipient of this sanction for suspension of the exercise of the right to drive, even if the provisions of art. 209 paragraph (3) of the Government Decision no. 1396/2006 on the Regulation of enforcement of the G. E. O. no. 195/2002 established that the sanction was applied either from the delivery of the driving license, or from the expiry date of its delivery deadline. Nevertheless, on the other hand, the examination of the notification and of the proof of withdrawal of the driving license, including the manner of settlement of the prior procedure, acknowledged that the respective sanction was applied subsequently to the day of withdrawal of the driving license.