Imperative ale modernizării protecţiei internaţionale a adulţilor vulnerabili în România
Imperatives of modernizing the international protection of vulnerable adults in Romania

Summary/Abstract: The aging of Europe's population, combined with the increasing mobility of people and the war in Ukraine, have raised the concern for the legal protection of vulnerable adults. This is why the Commission and the Council of the European Union recommended the member states to ratify Hague Convention no. 35 of January 13, 2000, enforced since January 1, 2009, between 14 states parties. In 2023, through Romania's accession to Hague Convention no. 35, Romanian Private International Law will undergo the following changes: in the matter of international competence regarding the protection of the vulnerable adult, there will be three sets of applicable rules (the Hague Convention, bilateral treaties on legal assistance and the Civil Procedure Code), regarding applicable law, there will be two sets of choice of law rules (bilateral treaties and the Hague Convention), and with regard to the international effectiveness of protective measures ordered in another state, there will be three regimes (the Convention regime, the regime of bilateral treaties and the Civil Procedure Code regime). In order to preserve the simplicity and efficiency of Romanian Private International Law, we support the transformation of the jurisdiction rules of Hague Convention no. 35 in common law (repealing art. 1079 points 3 and 4 and 1081 paragraph 2, point 1, both of the Civil Procedure Code). On the same grounds, we recommend the amendment of art. 2578 Civil Code by replacing the current text with a provision referring to Hague Convention no. 35. We emphasize the need to amend art. 1095 Civil Procedure Code by introducing a paragraph 2 by which the measures to protect the adult in need are de jure recognized in Romania, according to Hague Convention no. 35, while the reasons for non recognition should be subject to the same treaty. Because art. 25 of the convention does not regulate the exequatur procedure of adult protection measures, ordered in another contracting state, it is necessary to supplement articles 1103 1107 of the Civil Procedure Code with special provisions in this regard, subjected to the imperatives of simplicity and speed. We suggest the unification of the exequatur of the protective measures of the vulnerable adult, according to Hague Convention no. 35, with the approval of the execution of the same measures according to the Civil Procedure Code.

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