Înlocuirea plasamentului în regim de urgență cu plasamentul minorului la un centru de plasament
Replacement of emergency placement with placement of a minor in a placement center

Summary/Abstract: Since the applicant is the party who initiated the procedure, she also has the right to withdraw from the proceedings. The act of renunciation is mandatory for the court invested with the settlement of the dispute, the continuation of the trial of the case being possible only after the manifestation of the will of the interested party. Thus, the waiver has the effect of extinguishing the lawsuit initiated by the applicant, the principle of availability being applicable in this case as well. According to art. 406 para. (5) of the Civil procedure code, when the waiver of the trial is made on appeal or in extraordinary appeals, the court will take note of the waiver and will also order the annulment, in whole or in part, of the decision or, as the case may be, of the judgments pronounced in the case. Offering relevance to the right of disposition of the plaintiff over the initial judicial action and respecting the principle of availability that governs the civil process, established by art. 9 of the Civil procedure code, the court of appeal remained in ruling on the appeal declared by the defendant, formally admitted the appeal, in order to make it possible to pronounce a legal decision, in accordance with the plaintiff's procedural disposition. The revocation of the appeal may not be upheld on appeal, as the waiver is irrevocable. The appellant-applicant did not indicate any provision of Law no. 272/2004 on the protection and promotion of the rights of the child to prohibit this act of procedural disposition.

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