The Ministry of Economy and Infrastructure, by a draft law that was proposed for public debates, suggests excluding the phrases “license-free activities” and “fine equal to the gross revenue” from Article 10, point 4 of the Law on Entrepreneurship and Enterprises. The given legislative initiative derives from a decision by the Constitutional Court, which ruled that the punishment of the entrepreneurial activity without a license is regulated by a number of articles of the Contravention Code and the parallel regulation does nothing but cause confusion and double interpretations, IPN reports.
The Constitutional Court also ruled that the imposition of a fine in the absolute amount (equal to the gross revenue) prevents the court from individualizing the penalty, reducing the procedure to a simple formality.
There will also be excluded stipulations from point 5 of the same article. These provide for the imposition of fines of 10% of the paid sums on enterprises and organizations that make settlements in cash that total over 100,000 lei a month by ignoring the transfer method and on enterprises that make settlements in cash and by transfer through intermediaries, regardless of the settled amounts.
The Ministry of Economy and Infrastructure also proposes striking the Public Services Agency off the list of institutions that can impose penalties on enterprises and organizations as the Agency is not an inspection body.
