CHANGES MADE TO THE PRINCIPLE BEST INTERESTS OF THE CHILD BY LAW NO. 257/2013
MODIFICATIONS APPORTÉS AU PRINCIPE DE L’INTÉRÊT SUPÉRIEUR DE L’ENFANT PAR LA LOI NO. 257/2013

Summary/Abstract: Starting with the International Convention on the Rights of the Child and the Romanian Constitution (establishing the general frame of the child and family protection), the principles of the child protection are regulated by the article 6 of the Law 272/2004, with the purpose of ensuring the respect and the guarantee of the child rights in any circumstances. Without sustaining that one principle is more important than another, we also have to assert that their congruence is realised by the force of the rule of respecting and promoting with priority the superior interest of the child, determining a certain superiority of this principle in relation with the others. In other words, the application of any principle regulated by the article 6 is guided by the assertion of the superior interest of the child, which should prevail in any circumstance. The questions regarding the interpretation of that principle are numerous, being determined by the lapidary regulation. The Law 257/2013 brings changes on that point, covering some legislative gaps by establishing, for the first time, certain assessment criteria.

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