The offence provided in Article 4 of Law no. 143/2000 regarding the fight against illicit drug trafficking and use - possession of drugs for one's own consumption, without right

The tempo of constitutionality or unconstitutionality at the apex of an era

  • Ioana Narcisa Anițulesei Cluj Bar Association
Keywords: drug trafficking, possession of drugs for one’s own consumption, the right to privacy, the principle of minimum intervention of criminal law, European Union Directive no. 2017/2103, the right to health care, predictability, petition, People's Advocate


In the present study we will make a brief review of Decision no. 334/2005 of the Romanian Constitutional Court by which the provisions of art. 4 of Law no. 143/2000 were declared constitutional.

The scientific approach aims at an analysis of the sphere of the right to privacy from the perspective of the jurisprudence of the European Court of Human Rights and we will develop in detail the considerations for which it is necessary to declare the norm unconstitutional. Moreover, the arguments that support the unconstitutionality of the provisions of art. 4 of Law no. 143/2000 will be passed through the filter of the right to health care and of free personal development, with the application of the principle of predictability of the law.

Finally, we will refer to Petition no. 990/2021 registered at the institution of the People's Advocate, in which the aspects of unconstitutionality from which the provisions in force suffer were developed, by which we asked the institution to notify the Constitutional Court, as well as the answer received from the aforementioned institution.