Suspendare a exercitării dreptului de a conduce pe drumurile publice. Nelegalitatea măsurii prin nerespectarea art. 103 alin. (1) lit. a) din O.U.G. nr. 195/2002

The suspension of the exercise of the right to drive on public roads. Unlawfulness of the measure by non-compliance with art. 103 paragraph (1) letter a) of the Government Emergency Ordinance no. 195/2002

Abstract

The simple issue of an invitation to appear himself or herself to the traffic police office in order to deliver the driving license cannot be equivalent, from the point of view of the legal regime and of the effects provided for by law for this administrative act, to the decision for suspension of the exercise of the right to drive, considering that the above-mentioned normative provisions imperatively require the obligation to issue and, at the same time, to communicate the decision to the person concerned, as an administrative act, according to which it is ordered the complementary penalty for suspending the exercise...