{"id":6703,"date":"2026-03-09T16:14:30","date_gmt":"2026-03-09T16:14:30","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6703"},"modified":"2026-10-31T13:46:17","modified_gmt":"2026-10-31T13:46:17","slug":"environmental-fines-how-to-build-a-technical-legal-defense-legal-and-technical-analysis","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/amenzi-de-mediu-cum-construiesti-apararea-tehnico-juridica-analiza-juridica-si-tehnica\/","title":{"rendered":"Environmental fines: how to count the minutes of the proceedings"},"content":{"rendered":"

An environmental fine can be contested if the minutes were prepared in violation of the law, the act is not proven, or the penalty does not comply with applicable rules. The administrative complaint is usually filed within 15 days of the issuance or notification of the minutes. A simple error or the absence of a technical document does not automatically annul the penalty: the violated rule and the actual effect of the irregularity matter.<\/strong><\/p>\n

Check the minutes and the verifying agent<\/h2>\n

It begins with the date of the communication, the description of the act, the place and time of the finding, the indicated standard, the sanction and the remarks regarding the means of appeal. Article 16 of OG No. 2\/2001 establishes the elements of the record. Article 17 enumerates certain omissions that lead to the nullity of the record, which can also be established ex officio: the absence of the agent\u2019s name, the contraventioner\u2019s name or the name and address of the legal entity, the absence of the act or the date of its commission, as well as the absence of the agent\u2019s signature. Not every omission in Article 16 automatically falls into this category; for other irregularities, it must be analyzed whether and how they affected the legality of the act or the right to a defense.<\/p>\n

Check whether the person who discovered the offense had the authority to commit that offense. In the field of environmental protection, Article 97 of GEO No. 195\/2005 indicates the authorities and personnel who can discover and sanction the offenses provided for by the ordinance. If the record is based on another normative act, check the competence provided by that special act as well.<\/p>\n

The minutes signed by the contravention perpetrator do not equate to recognition of the act. If the person refuses to sign or is not present, check the entries and the procedure for recording and communicating the information in accordance with Articles 19 and 25\u201327 of OG No. 2\/2001. The absence of the witness must not, by itself, be presented as an automatic reason for annulment.<\/p>\n

He specifically disputes the act and the evidence<\/h2>\n

Identify what the authority claims happened and what elements of the contravention need to be proven. Compare the description in the record with the control act, the photographs, the operator\u2019s documents, the permits and any inspection reports, sampling or analysis. Request access to the documents on which the sanction was based and specify exactly what contradiction, lack of context or methodological issue is being invoked.<\/p>\n

If the fine is based on measurements or analyses, verify, in accordance with the method and standard applicable, who took the the evidence, where and when, how they were kept and transported, what analysis method was used and what documents justify the result. Not every cause requires a specific protocol, laboratory, or calibration certificate; these requirements depend on the technical legislation applicable to the measurement. An expert opinion may be requested when it is relevant to resolving the case, but it does not guarantee the cancellation of the record.<\/p>\n

In the complaint, he links each objection to a piece of evidence: documents, photographs, records, correspondence, monitoring documents, permits, or a reasoned request from an expert. A general statement such as \u201ethe measurements are incorrect\u201d is less useful than indicating the method in question, the missing document, or the concrete discrepancy.<\/p>\n

Check the sanction and the complementary measures<\/h2>\n

OG no. 2\/2001 requires the individualization of the sanction based on the circumstances of the offense, the manner and means of commission, the purpose, the resulting effect, and the circumstances of the offender. Compare the applied fine with the limits and criteria in the special act. If there is confiscation, suspension of activity, obligations to remedy, or other measures, verify the basis and conditions of them separately; contesting the fine does not automatically mean that any separate administrative act is suspended.<\/p>\n

The deadline and where to file the complaint<\/h2>\n

According to Article 31 of OG No. 2\/2001, the complaint against the record must be filed within 15 days of its delivery or communication. Article 32 stipulates filing the complaint with the court within whose jurisdiction the offense was committed. Attach the record, proof of communication, and the documents on which you are relying, and clearly state what you are requesting from the court.<\/p>\n

Article 32, paragraph (3) provides that the administrative complaint suspends the enforcement of the sanction. The rule concerns the enforcement of the contested sanction within the complaint; it separately examines the regime of any separate administrative measure or decision and any special rules applicable. It does not delay the filing of the complaint until you receive all the technical documents: it first protects the deadline and then requests the necessary evidence under the procedure.<\/p>\n

Practical checklist<\/h2>\n