Open Access BASE2021

Abuse in Service in the Context of Adoption Decision of the Constitutional Court of Romania no. 405 of June 15, 2016

Alexandru Peicea

Open Access

Abstract

ABSTRACT: Abuse in service is, in the current legal system, a topic of interest, especially after the adoption of Decision no. 405 of June 15, 2016, pronounced by the Constitutional Court of Romania. It ruled that an act constitutes the crime of abuse of service only in so far as by the phrase "in a defective manner" we mean "in breach of the law." Through this decision, the Constitutional Court of Romania also ruled that the phrase "in violation of the law" implies that a person (suspect or defendant in a criminal case) violates a primary rule of law. By primary norm we mean Government Ordinance or law adopted by Parliament. No primary rules of law regulations, ministerial orders, duties in the job description in an employment contract. KEYWORDS: abuse of service, decision, Constitutional Court, primary legislation

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