So-called “prevention law” given first reading

The MPs adopted a bill that specifies that mechanism of prevention against possible abuses on the part of inspection bodies. The author of the bill said the initiative is a response to the necessity of improving the business environment and of protecting the small businesses from multiple obstacles placed on the path of private businesses, IPN reports.

PPPDA MP Igor Munteanu noted that even if the state inspection law contains protection mechanisms called “prescription”, these are not applied or are applied inefficiently. The prescription intervenes in case of minor violations that prevent the imposition of penalties and encourage the formulation of remediation recommendations, by establishing the violations and setting a deadline for remediation. Most of the times, such remediation measures are required of large enterprises rather than of SMEs that actually do not benefit from counseling and periods for the effective remediation of faults.  

The bill introduces norms that oblige the inspection body to guide the business entity by drawing up guidebooks, informative notes. It also activates a norm that allows the affected party to recover the damage caused by an inspector, which reveals an asymmetric relationship between the inspection body and the inspected entity, being a mutual accountability tool. The state inspection law stipulates that the periods set by remediation prescriptions issued by inspectors must not be shorter than 30 days and the possibility of extending it to 90 days is envisioned depending on the complexity of the case.

The bill is to be given a final reading by Parliament.

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