Abstract
The elaboration of a new normative act and the amendment of the already existing one must be brought about by the needs inherent in a community’s existence, for the purposes of implementing public policies, of putting in practice the solutions for the economic and social development and for public functions being exerted.
The principle mentioned above is not always concretely applied when a new law is adopted, a fact which may the consequence of some external influences, such as the need to adopt the regulations of acquis communautaire, or mere internal interests.
When passing G.E.O. No. 9/2009 amending G.E.O. No. 195/2002 on traffic on public roads, the lawmaker stated that the main reason for that was the increasing number of traffic accidents, as a result of the causes listed in the memorandum of reasons, among which getting driving licence illegally.
As a consequence, it was instituted the measure on suspending the right of driving motor vehicles, which is compulsorily ordered, without the court having any possibility to forbid it, a fact which is by no means according to the provisions of the European Convention of Human Rights and the jurisprudence concerned.
The judicial procedure of challenging the order on suspending the right of driving motor vehicles, as a result of the unclear texts of G.E.O. No. 195/2002, has been subject to a series of contradictory aspects, which must be first of all cleared, in order to avoid the cases in which the persons affected by the order issue are unfairly prejudiced.