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- Title
LEGAL REGIME OF MONITORING REPORTS ISSUED BY THE PUBLIC SOCIAL ASSISTANCE SERVICE OR GENERAL DIRECTORIES OF SOCIAL ASSISTANCE AND CHILD PROTECTION ORGANIZED AT THE LEVEL OF EACH SECTOR OF THE MUNICIPALITY OF BUCHAREST.
- Authors
CUCU, Alina-Raluca
- Abstract
Law 274/2004 on the protection and promotion of children's rights is the only law in Romanian legislation containing legal norms and procedures designed to ensure compliance of the best interests of the child, the rights and freedoms of minors. In conflict situations generated by the separation of minors from one or both parents, the public social assistance service is empowered by law to draw up a document called a monitoring report that can be used as evidence in Court. The problem that arises in practice is identified in those situations in which the interested parties claim that public social assistance service or DGASPCs retained wrong or even contrary to the factual situation in the respective monitoring reports issued, which, by virtue of them be used as evidence, may lead to the issuance by Courts of illegal judgments, based on a factual situation other than the actual one. In order to counteract such judicial errors, the issue was raised in practice to challenge the monitoring reports that retain another factual reality, through direct actions addressed to the Courts, a situation that faced different opinions from the legal regime applicable to those monitoring reports, opinions that led to the rejection of such actions, as inadmissible, due to lack of legal basis. The purpose of this study is to try to identify, by analyzing the current legislation, doctrine and / or jurisprudence the legal regime applicable to these monitoring reports, so that at the end of the study to be highlighted the conclusions of the analysis and be formulated possible legae ferenda proposals in this field.
- Subjects
BUCHAREST (Romania); SOCIAL services; MINORS; CHILD welfare; LEGAL norms; CHILDREN'S rights; JUDICIAL error
- Publication
Valahia University Law Study, 2022, Vol 39, p293
- ISSN
2247-9937
- Publication type
Article