ANOHTER MEANING OF THE PHRASE “IN CASE OF COHABITATION” OF LAW NO. 217/2003 ON THE PREVENTION AND COMBATING OF DOMESTIC VIOLENCE
ANOHTER MEANING OF THE PHRASE “IN CASE OF COHABITATION” OF LAW NO. 217/2003 ON THE PREVENTION AND COMBATING OF DOMESTIC VIOLENCE
Author(s): Rodica BurduşelSubject(s): Criminal Law
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: family member; similar relationships; cohabitation; domestic violence; protection order;
Summary/Abstract: The amendment to Law no. 217/2003 on the prevention and combating of domestic violence through Law no. 25/2012 regarding the amendment and completion of the Law no. 217/2003 made it more difficult to obtain the protection order due to the interpretable nature of the wording of Art. 5 let. c) of this law, obliging the victims of domestic violence to resort to other legal instruments for the removal of the legislative error. In this respect, by the RCC Decision no. 264/2017 it was declared unconstitutional, under the meaning of the phrase "in case of cohabitation", art. 5 lit. c) of Law no. 217/2003. The present study places under analysis the subject to the exception of unconstitutionality, presenting a different meaning of the phrase "in case of cohabitation" than that of the Constitutional Court and the majority of the courts.
Journal: Conferința Internațională Educație și Creativitate pentru o Societate Bazată pe Cunoaștere - DREPT
- Issue Year: XI/2017
- Issue No: XI
- Page Range: 48-52
- Page Count: 5
- Language: English