Romania: new perspective on dawn raids and leniency following criminal legislation amendments
By Cătălin Suliman
The entry into force in Romania on 1 February 2014 of the new criminal codes implementing laws — i.e. Law no. 187/2012 and Law no. 255/2013, respectively — brought important changes to certain non-criminal laws such as Competition Law no. 21/1996 republished, as further amended and supplemented. Two of these amendments concern the requirement of a court warrant for dawn raids and the immunity/reduction of prison sentences for those individuals who, under certain conditions, blow the whistle on Competition Law infringements.
Prior to the amendments brought by Law 255/2013, Romania’s Competition Council was able to conduct dawn raids at the premises of undertakings without a court warrant, but rather based only on an internal order issued by the president of the Competition Council. The judicial approval was (and still is) necessary for conducting inspections at the private premises (e.g. homes and vehicles) of the managers, directors and employees of the undertakings under investigation. As of 1 February 2014, along with the order from the president of the Competition Council, a court warrant is also necessary for conducting (unannounced) inspections at business premises.
This amendment to the Competition Law follows a broader European trend in dawn raids, with the competition legislation in several EU member states requiring judicial approval (e.g. Austria, Germany, France, Hungary, Latvia, Poland and Sweden), while in some other members states a court warrant is required in the event there is opposition to the inspection (e.g. Spain). At the level of the European Commission, a judicial warrant is also not required to conduct a dawn raid…
Click on the link below to read the rest of the Schoenherr briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Schoenherr
Briefings from Schoenherr
On 1 January 2014, the Romanian Government introduced a new property tax, namely a tax on constructions. This tax has proven to be controversial.
On 13 December 2011, the new European Directive No. 2011/92/EU on the assessment of the effects of certain public and projects on the environment, which codified the previous regulation, entered into force.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work