Modificări aduse ocrotirii persoanei fizice ca urmare a intrării în vigoare a Legii nr. 140/2022 privind unele măsuri de ocrotire pentru persoanele cu dizabilităţi intelectuale şi psihosociale
Amendments to the protection of natural persons following the entry into force of Law no. 140/2022 on certain protection measures for persons with intellectual and psychosocial disabilities

Summary/Abstract: Following the pronunciation of the Decision of the Constitutional Court of Romania with no. 601/2020 on the unconstitutionality of the provisions of art. 164 par. 1 Civil Code on the measure of protection of the natural person by prohibition, the legislator intervened, adopting Law no. 140/2022, which regulated the ways of protecting individuals whose discernment was harmed by an intellectual or psychosocial disability. The changes made are diverse and substantial, both in terms of substantive law and procedural law, three measures being regulated to protect individuals in a state of vulnerability as a result of an intellectual or psychosocial disability: the assistance of the major, the judicial counseling or the special guardianship. The measures have been placed in a framework that allows for their proportional and subsidiary application, in accordance with the degree of damage to discernment. Concrete application of these measures and realization of the desideratum pursued by the adoption of Law no. 140/2022 further requires interventions at the level of secondary legislation (law enforcement rules) as well as shaping a judicial practice in the new regulatory context.

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