Aspects on Hearing the Child according to CCR Decision NO. 15/2019 Cover Image

Aspecte privind ascultarea copilului în lumina Deciziei CCR nr. 15/2019
Aspects on Hearing the Child according to CCR Decision NO. 15/2019

Author(s): Bianca-Lucreția Ivan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: civil law; EU law; hearing the child; fundamental rights; constitutionality;

Summary/Abstract: This paper analyzes the legal issue incident in Decision no. 15/2019 of the Constitutional Court of Romania on hearing the child, as consecrated by art. 264 para. (1) Civil code. Children’s rights require a particular protection, imposing certain normative rigors for the national legislator. In order to identify them, it appears necessary to outline a general perspective, starting from the conventional and EU law standard regarding the child’s right to express freely. The outlined image should be projected at the national level, in order to verify the conformity of the relevant legal provisions, provided that, in this matter, the legislator is the holder of a margin of appreciation concerning the means to fulfill this right.

  • Issue Year: 2020
  • Issue No: 02
  • Page Range: 219-231
  • Page Count: 12
  • Language: Romanian
Toggle Accessibility Mode