OBSERVATIONS ON PUBLIC INSTITUTIONS AND AUTHORITIES WITH THE PURPOSE OF PROTECTING INDIVIDUALS

Abstract

The present work brings to the reader's attention the evolution concerning the regulation of institutions and public authorities with powers in the field of protection of the individual in Romania and, in particular, in the field of child care. Taken from the Family Code, the current tradition of civil code, through article 107, gave the Court the responsibility of guardianship and family proceedings relating to protection of the individual. Subsequently, law No. 71/2011 for the implementation of law No. 289/2009 allowed, on a temporary basis, until the entry into force of the regulation of the Board of Trustees, as courts to delegate, by closing certain tutelary authority powers. As a result of amendments to law No. 71/2011, many duties of the Board of Trustees with respect to the minor or legal forbidden were passed as the tutelary authority task.

On the other hand, the special protection of the child, law No. 272/2004 on the promotion and protection of children's rights confer important directorates-general duties of social work and child protection and child protection committees. These authorities with important powers in matters of protection of the individual have a special quality in triggering procedural active civil action such as revocation of parental rights by a court or taking of a measure of special protection. Law No. 272/2004 has set up a special material competence and liable to give rise to numerous controversies in jurisprudence.

The analysis of the development of institutions and public authorities with powers in this matter confer   the opportunity to observe how the powers of the blends and the conflicts they generate in the existing not clear regulations. This article examines and interpreted that the jurisprudence has given legal provisions.