Prevention Law: Infringers get maximum 90 days to resolve irregularities and authorities have new obligations

Infringer entrepreneurs will have maximum 90 calendar days to correct the irregularities identified, according to the draft Prevention Law discussed on Thursday by the Government.

The investigating official shall conclude a „report attesting the findings and sanctions for the contravention, which includes the sanction of warning applied and to which a remedial plan is attached, in line with the provisions of the law.

In this situation, no additional sanctions are applied,” says the document mentioned.

Within a maximum of ten working days from the expiry date of the remedial period, the public authority/institution in charge of the audit shall be obliged to resume the control and, if the remedial measures previously set have not been met, appropriate sanctions shall be applied, „other than the warning”.

At the same time, public authorities/institutions in charge of the audit „have the obligation to guide the persons interested to ensure a proper and unitary application of the legal provisions” and have the obligation, „within six months from the date of entry into force of this law, to prepare and disseminate information materials and guidelines and/or to allocate special sections on their website for public information on:

1. the rights and obligations of these public authorities/institutions in conducting the activities for identifying the offending acts and for applying the sanctions, as well as on the rights and obligations of the persons who are subject to these activities;
2. the legislation in force on detecting and sanctioning the contraventions;
3. the current legislation governing the offenses for which the public authority/institution has the powers to identify and apply the contravention sanctions, with the distinct indication of the respective contraventions, sanctions and/or other applicable measures.

Other responsibilities of the authorities:

1. to develop guideline and control procedures to be used by all persons competent to conduct audit activities;
2. to display on their own websites the high-frequency cases and the guidance solutions issued in these cases, as well as the procedures developed according to art. a);
3. to exercise, the same as in each audit activity, the guiding role for avoiding the violation of legal provisions in the future