Considerations On The Implications Of The Provisions Of The Law No. 143/2022 On Some Protection Measures For People With Intellectual And Psychosocial Disabilities And On The Modification And Completion Of Some Normative Acts
Abstract
The adoption of Law no. 140/2022 is the consequence of the admission of the exception of unconstitutionality of the provisions of Article 164(1) of the Civil Code. Our aim in the following is to establish whether the provision of this normative act is a step forward for our legislation or another example (of many) of a regression made out of a desire to align our legislation with legal norms in other spheres that are not fully compatible with social reality (domestic and otherwise). We say this because the alleged 'need for a paradigm shift in the matter' appears, at least at first glance, to be divorced from the context in which legal relationships such as marriage are to take place where at least one of the spouses is mentally ill or mentally alienated, or, as the law in question states, a person with 'intellectual or psychosocial disabilities'. It is also interesting to consider whether the rules in question are predictable, in the sense of being clear enough to be understood by the average person.
References
Ungureanu Carmen Tamara, Toader Ionuț-Alexandru, Drept civil. Partea generală. Persoanele/ Civil law. General part. Persons, Editura Hamangiu, București, 2019.
Decision of the Constitutional Court no. 601/2020 on the exception of unconstitutionality of the provisions of art. 164 paragraph (1) of the Civil Code
Decision of the Constitutional Court no. 1/2012 on the objection of unconstitutionality of the provisions of the Law amending and supplementing Government Emergency Ordinance no. 155/2001 on the approval of the stray dog management program, as approved by Law no. 227/2002, as well as, in particular, of art. I point 5 [referring to art. 4 paragraph (1)], point 6 [referring to art. 5 paragraphs (1) and (2)], point 8, point 9 [referring to art. 8 paragraph (3) letters a)-d)], point 14 [referring to art. 131 and 134], point 15 [regarding art. 14 par.(1) let. b)] of the law.
Decision of the Constitutional Court no. 309/2022 regarding the exception of unconstitutionality of the provisions of art. 308 par. (1) of the Criminal Code.
Decision of the Constitutional Court no. 404/2022 regarding the objection of unconstitutionality of the Law amending and supplementing Government Ordinance no. 2/2001 regarding the legal regime of contraventions.
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