G.E.O. 13: The Abuse in the Line of Duty - between Legality and Formality

• Published in: The International Conference "The European Integration - Realities and Perspectives" 2017-05, Vol.12 (1), p.458-468
• Main Authors: Ana Alina Ionescu Dumitrache, Razvan-Alexandru Condunina
• Format: Article
• Language: English
• Subjects: pardon; amnesty; abuse in the line of duty; emergency decree
• ISSN: 2067-9211; 2069-9344

After parliamentary elections which have marked the end of the year 2016, the Romanian nation hoped to step into a new era, lacking political wars and ambitions of the politicians for more than a decade in a titanic battle for power, forgetting their actual primordially purpose : the welfare of the Romanian people which has provided them confidence. This fight was observed and even blamed by partners of Romania in the European Union, which, by its institutions, has taken the act and sentenced the negative effects of this political battles, factually preventing the Romanian nation to evolve on a statue by which should be regarded as an equal with the other Member States of the European Union. The Year 2017 started in a totally unexpected, with a protest at the national level, arising out of the project as regards pardon certain punishments, followed closely by the adoption of the G.E.O. 13 The new Government invested, who was watching the agreement has some regulations of the Criminal Code and the Code of Penal Procedure, with the decisions of the Constitutional Court of Romania and by the Venice Commission. Controversies created, communication faulty, misinformation and manipulation of the media which have practically split the society - made from the offense of “abuse in the line of duty” (the principal aim of the G.E.O. 13) a topic that deserves careful analyzed from the perspective of constitutional law, criminal law, but also of the Administrative Law, which - from my point of view, could have a decisive role in achieving this real problems. We will try in this scientific approach to expose the personal opinions on this topic, our research being supported by an analysis which correspond to the legal status of the specific regulations on the grounds and the own work designed to shape possible solutions for the subject covered.