Ocrotirea interesului superior al copilului prin stabilirea competenței în jurisprudența Înaltei Curți de Casație și Justiție
Protection of the Superior Interests of the Child by Establishing the Jurisdiction of the High Court of Cassation and Justice

Author(s): Cristiana Mihaela Crăciunescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: best interest of the child; jurisprudence; parents; the court’s competence; mediation;
Summary/Abstract: The respect for the best interests of the child in any matter concerning children, regardless of the identity of the decision maker, is a pillar designed and recognized in the Romanian law. In this context, the meaning of the collocation depends on the plaint upon which the court is summoned to decide. In any case though, the child must always be prioritized in what concerns the measures taken in order to protect him or her from a personal and material point of view. One of the guarantees regarding carrying out the best interests of the child is establishing the competence of the courts of justice which are apprised to solve such plaint s. To this effect, the High Court of Cassation and Justice decided upon the general competence and the territorial jurisdiction of the court – through decisions pronounced both by the Civil Chamber and during appeals on points of law – in the cases when the courts are solving plaints regarding the establishment of a set of measures concerning the situation of the children and their parents. The content of the 114th Article from the Code of Civil Procedure in relation to the general rule regarding the competence is defined through the jurisprudence of the High Court of Cassation and Justice in order to fulfill the purpose of protection, for which it has been regulated. Also, interpreting the legal dispositions concerning the family law cases that can be solved through mediation carried out by the supreme court is useful for the unification of the judicial practice of all the courts of justice in the country.

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