A group of 33 Romanian MPs filed on Monday an appeal with the Constitutional Court against the law that bans smoking in all enclosed public spaces.

The law that was adopted last week by the Chamber of Deputies allows two exceptions. Smoking is allowed in maximum security prison cells in and special rooms in transit areas within airports.

These two exceptions create discrimination between the inmates in maximum security prisons and people in airports’ transit areas and all other smokers, reads the document submitted by the 33 senators.

The Constitutional Court rules on the constitutionality of laws before promulgation if the President of Romania files an appeal. The other officials who can file appeals with the Constitutional Court include  the presidents of the two Chambers, the Government, the High Court of Cassation and Justice, the Ombudsman, a number at least 50 deputies or at least 25 senators, according to Romania’s Constitution Article 146.

The Chamber of Deputies approved the law that bans smoking in all public places on December 15, last week. The law had been approved by the Senate in March this year.

The individuals who don’t respect the new anti-smoking rules will be fined RON 100 to RON 500 (EUR 22 to EUR 111) while the firms that break the law will be fined RON 5,000 (EUR 1,110) to RON 10,000 (EUR 2,220). The restaurants, bars, and clubs that break the rules also risk having their operating licenses suspended.

Romania’s Parliament has two Chambers, namely the Senate with 176 senators, and the Chamber of Deputies, with 382 active deputies.

Diana Mesesan, diana@romania-insider.com