The Implication of Replacing the Sanction of the Administrative Fine with the Sanction of Providing an Activity for the Benefit of the Community from the Perspective of the CCR and ECHR Jurisprudence

Abstract

With regard to the sanction of community service, which is regulated in domestic law by Article 9 of G.O. no. 2/2001, the legislator has recently attempted, by means of a draft law, to clearly establish the legal regime of the procedure for replacing the sanction of a administrative fine with the sanction of community service. However, in the light of the case law of the CCR and the ECHR, this can only be achieved if the qualitative requirements are met, particularly those of accessibility and predictability of the law, in order to ensure the security of legal relations and greater legislative stability and efficiency.