Press Release, 17 November 2020

On 17 November 2020, the Constitutional Court, within the a posteriori constitutional review, upheld, by unanimous vote, the exception of unconstitutionality of the provisions of Article 581 of Law No 360/2002 on the status of the policeman and found that these are unconstitutional.

Article 581 of Law No 360/2002 stipulates: “To prevent the commission of disciplinary offences, the person referred to in Article 59 (2) may order the warning of the police officer. In this case, the measure shall be ordered in writing, has an administrative-preventive nature and does not produce consequences on the employment relationship.”

The decision is final and generally binding and shall be notified to the Chambers of the Parliament, to the Government and the law courts which have brought the matter before the Constitutional Court, respectively the Court of Appeal Craiova – Administrative and Fiscal Litigation Division and to Bacau Law Court – II Administrative and Fiscal Litigation Civil Division.

The arguments retained as grounds for the solution delivered by the Constitutional Court shall be presented in the decision, to be published in the Official Gazette of Romania, Part I.


External Relations, Press and Protocol Department of the Constitutional Court