Nicușor Dan referred the Law on the protection of children's rights to the CCR. The controversial measures they challenge
The President of Romania, Nicușor Dan, sent the Constitutional Court on Thursday a notice of unconstitutionality on Law no. 272/2004 on the protection and promotion of children's rights.
Nicușor Dan, President of Romania PHOTO: Presidential Administration
According to the presidential administration, the Law amending and supplementing Law no. 272/2004 on the protection and promotion of children's rights was adopted in violation of several provisions of the Romanian Constitution, which is why it was referred to the CCR.
The normative act adopted by the Parliament this month introduces a series of changes in the legislation. Among the most controversial measures are the elimination of parental consent for sending children to psychologists, the introduction of prison sentences of 1 to 3 years for parents who do not take their children to counseling, and the sending of minors who have committed acts of violence directly to closed residential centers, even if they are not criminally liable.
The president argues that the regulation seriously violates the constitutional rights of the family, the principle of the best interests of the child, the ECHR norms and creates major legislative anomalies in the Romanian criminal system.
“The object of the law is to regulate interventions on law no. 272/2004, aimed at: (i) the amendment of article 84 paragraphs (4) and (5), whereby the child's participation in psychological counseling becomes mandatory by law, without being conditioned by parental consent; (ii) the introduction of a new legislative solution to article 84 paragraph (6), which criminalizes non-compliance by parents or the legal representative of the obligations provided for in paragraph (4) and the offense of non-compliance with the court rulings; committed criminal acts and are not criminally liable“, it is stated in the press release of the Presidential Administration.
The specialists of the Presidential Administration who have “fine” the law elaborates on all constitutional issues.
They can be read in detail HERE.
