Inapplicability of the principle of the 'more favourable law on traffic offences' (mitior lex) as regards the reduction of the period of suspension of the right to drive a motor vehicle

Abstract

The retroactive application of the more favourable contravention law, being an exception to the rule of non-retroactivity of the new law with its introduction in the Romanian Constitution in 2003, has been intensely debated in case law and in the literature, as there have been situations where, under this ground, the recognition of benefits is invoked, which, in reality, do not fall within the notion of more favourable contravention law. Such situations have been identified in the field of road traffic regulations, which have been subject to frequent legislative amendments.

 This paper aims to clarify whether this exception to non-retroactivity, i.e. the retroactive application of the more favourable traffic offence law, also applies to the reduction of the period of suspension of the right to drive motor vehicles, in view of the amendment of the Road Traffic Code through the adoption of Government Ordinance No. 1 of 27 January 2022 amending and supplementing Government Emergency Ordinance No. 195/2002 on traffic on public roads.