Prelungirea dreptului de circulaţie în cursul procedurilor penale. Mit sau realitate? - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, Special Issue (2024) 121–132

DOI: 10.47745/AUSLEG.2024.13.X.10

Abstract. By virtue of the recurrent amendments of the G.E.O. No. 195/2002, in the recent judicial practice, a non-unitary jurisprudence has crystallized regarding the way of solving the requests for the extension of the right to drive formulated under Art. 111 para. (6) from G.E.O. No. 195/2002, the solutions being extremely varied, the differences appearing not only depending on the stage in which the criminal file is situated but also in relation to the territorially competent body to resolve the request.

Thus, throughout this study, we will focus on the particularities that govern the institution of the extension of the right to drive in terms of causes, ways, and applicable solutions, all of which will be analysed through the filter of judicial practice. At the same time, we will formulate legislative proposals to stimulate the legislator to adopt a clear and predictable norm in this matter, with the aim of blurring the non-unitary judicial practice.

Keywords: the right to drive, driver’s license, legislative evolution, normative predictability, G.E.O. No. 195/2002