Abstract
The Romanian national report, submitted to the Congress of the Academy of International Law held in Vienna in July 2014, provides a broad overview on the national legal framework concerning the rights of the child, focusing not only on the relevant provisions from the Romanian Civil Code but also on the special legislation concerning children, the criminal law regulations as well as on the principles set forth at the constitutional level. The national report is of genuine interest, especially in the light of the fact that the Romanian civil legislation has been subject to an extensive reform, finalised with the adoption, in 2009, of a new Civil Code which entered into force in 2011.
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Notes
- 1.
Law no. 18/1990, published in the Official Gazette of Romania, Part I, no. 109 from September 28, 1990, republished in the Official Gazette of Romania, Part I, no. 314 from June 13, 2001 (hereinafter “UNCRC”).
- 2.
Law no. 567/2001, published in the Official Gazette of Romania, Part I, no. 692 from October 31, 2001.
- 3.
Law no. 470/2001, published in the Official Gazette of Romania, Part I, no. 601 from September 25, 2001.
- 4.
Law no. 287/2009, republished in the Official Gazette of Romania, Part I, no. 505/June 15, 2011, into force from October 1, 2011 (hereinafter “RCC”).
- 5.
Law no. 272/2004, published in the Official Gazette of Romania, Part I, no. 557/June 23, 2004, into force from June 26, 2004 (hereinafter “L272”).
- 6.
Same definition is provided under Law no. 273/2004 regarding the adoption, published in the Official Gazette of Romania, Part I, no. 557/June 23, 2004, as subsequently modified (hereinafter “L273”).
- 7.
Art. 38 of RCC.
- 8.
Art. 263 par. 5 of RCC.
- 9.
Art. 2 par. 5 of L272.
- 10.
Article 24(3) of L272.
- 11.
Article 264 of RCC.
- 12.
Published in the Official Gazette of Romania, Part I, no. 18/January 10, 2011, as subsequently modified.
- 13.
Art. 8 par. 1 of L272.
- 14.
Articles 421–440 of RCC.
- 15.
Articles 441–447 of RCC.
- 16.
The project of the law is currently under the Romanian Parliament’s examination.
- 17.
Art. 474 of RCC.
- 18.
Art. 14 of L273.
- 19.
Art. 463 par. 1 letter b of RCC.
- 20.
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption was ratified by Romania under Law no. 84/1994, published in the Official Gazette of Romania, Part I, no. 298/October 21, 1994.
- 21.
Published in the Official Gazette of Romania, Part I, no. 372/April 28, 2006.
- 22.
Published in the Official Gazette of Romania, Part I, no. 68/February 2, 2003.
- 23.
Published in the Official Gazette of Romania, Part I, no. 72/February 5, 2003.
- 24.
Art. 96 of L272.
- 25.
Law no. 286/2009, published in the Official Gazette of Romania, Part I, no. 510/July 24, 2009.
- 26.
Published in the Official Gazette of Romania, Part I, no. 365/May 30, 2012.
- 27.
Published in the Official Gazette of Romania, Part I, no. 505/June 4, 2004.
- 28.
Art. 54, Art. 55, Arts. 65–68 of the new Criminal Code.
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Deteşeanu, DA. (2016). The Rights of the Child: Romanian National Report. In: Cvejić Jančić, O. (eds) The Rights of the Child in a Changing World. Ius Comparatum - Global Studies in Comparative Law, vol 13. Springer, Cham. https://doi.org/10.1007/978-3-319-23189-1_13
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