23. Posibilitatea victimei de a renunţa la judecata cererii de emitere a ordinului de protecţie împotriva pretinsului agresor
23. The victim’s possibility to withdraw from the adjudication of the application for a protection order against the alleged aggressor

Summary/Abstract: From examining the content of the explanatory memorandum to Law No. 232/2025, as well as of the opinions expressed in the legislative procedure by the Legislative Council and the Superior Council of Magistracy, it does not explicitly follow that the legislator intended to abolish the victim’s right to withdraw from the proceedings or to turn the protection order procedure into one in which the principle of party disposition is limited. Therefore, absent any concrete explanation of the reasons that led to the repeal of Article 43 of Law No. 217/2003, it is for the court to interpret the legal effects of the repeal, while, of course, observing the general principles governing civil procedure and the rules on the interpretation of legal norms. Thus, starting from the principle of party disposition governing civil proceedings, laid down in Article 9 of the Code of Civil Procedure, which implies, among other things, the right to withdraw from the proceedings, including in the remedies at law, the conclusion follows that the rule in civil procedure is the possibility for a party to discontinue its judicial steps at any time (in certain situations, subject to the defendant’s consent), and that the exceptions to this rule must be expressly provided by law. The deficiencies of the legislative process related to the intention underlying the repeal of the provisions at issue cannot be remedied by interpretations contrary to the general principles governing civil procedure and the rules on the interpretation of legal norms.

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