THREE YEARS AFTER LAW 140/2022: THE LEGAL AND JUDICIAL DEVELOPMENTS OF SPECIAL GUARDIANSHIP AND JUDICIAL COUNSELING IN ROMANIA
THREE YEARS AFTER LAW 140/2022: THE LEGAL AND JUDICIAL DEVELOPMENTS OF SPECIAL GUARDIANSHIP AND JUDICIAL COUNSELING IN ROMANIA

Summary/Abstract: Three years after the entry into force of Law No. 140/2022, which introduced for the first time in Romanian civil law the institutions of special guardianship and judicial counseling, this paper examines both their legal framework and the emerging patterns in judicial practice. The study aims to evaluate how these new protective measures have been implemented and interpreted by the courts, and to what extent they fulfill their intended purpose of safeguarding persons with limited or diminished capacity while ensuring respect for their autonomy and procedural rights. The analysis combines a review of statutory provisions and relevant case law to identify the main challenges encountered in practice. The paper concludes that, although the introduction of these institutions represents a significant step toward aligning Romanian civil law with contemporary standards of human rights protection, certain legislative ambiguities and inconsistencies in judicial interpretation continue to affect their effective application.

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