Legalitatea privind competența autorităților delegate de legiuitor de a modifica și completa listele de droguri [Articol]

Abstract

The local judicial community, along with the international one, is pretty reserved in regard to the legality of the competences provided to the authorities by the legislator with the purpose of modifying and fill the list of drugs. The explanations given in this matter sound like this: any document issued by the authorities would not have the proper features of a source of criminal law. Therefore, even in the event of some documents being issued by the authorities with reference to the list of drugs, these would undoubtedly be considered null from the point of view of their aplicability in the field of the criminal law. The status of these legal documents which the criminal law makes reference to, either about a constitutional law, organic or ordinary, a decision made by the Parliament, a decision made by the government, an order of the ministery etc., do not affect in any way the exclusive prerogative of the criminal law to regulate the crimes and punishments.