Obsevații critice referitoare la Legea nr. 140/2022 privind unele măsuri de ocrotire pentru persoanele cu dizabilități intelectuale și psihosociale și modificarea și completarea unor acte normative
Critical complaints about Law no. 140/2022 on certain protection measures for persons with intellectual and psychosocial disabilities and amending and supplementing certain normative acts

Summary/Abstract: Unquestionably, the adoption of this normative act was an essential one and of particular importance in the context of aligning our legislation with the requirements established by the Convention on the Protection of Persons with Disabilities, but also in order to follow the considerations of the Decision no. 601/2020 of the Constitutional Court, which found the unconstitutionality of art. 164 paragraph (1) Civil Code, regarding the protection of the natural person with intellectual and psychosocial disabilities through the institution of judicial prohibition. The main objective of this normative act was represented by the creation, in the common law legislation, but also the special one, of legal instruments of support and protection adequate for these categories of persons, which would ensure the respect of their dignity, rights and freedoms, but also of their will, needs and preferences, as well as the safeguarding of their autonomy, there is a need for a paradigm shift in the field, in order to align the national legislation with the requirements imposed by the Convention on the Rights of Persons with Disabilities. The sustained efforts of the team in charge with drafting the legal text, to correlate the amendments with the other normative acts, which refer to the complex problems of persons with intellectual and psychosocial disabilities, should not be minimized. Following the analysis of the texts of the law, I have also formulated some criticisms regarding the fact that the recitals of the Decisions of the Constitutional Court and of the norms of legislative technique regarding the principle of stability/security of legal relations according to which normative acts must be drafted in a concise, sober, clear, precise specific normative language and legal style, which excludes all equivocation, in strict compliance with the rules of grammar and spelling have not been fully taken into account. Some provisions of Law No. 140/2022 do not fall within the decisions taken by the European Court of Human Rights that have held that the law must be accessible to the litigant and predictable in terms of its effects. When drafting the text of the law, which was in the draft phase subject to public debate, it was not taken into account, in large part, the recommendations of the Legislative Council, the opinions formulated by the 285 organizations of parents with children / adults with disabilities and NGOs in the field of disability, grouped in eight federations, among which the National Council of Disabilities in Romania creating the impression that this normative act was made “on the knees” in order to avoid possible sanctions from the competent fora for not implementing the provisions of the Convention on the Rights of Persons with Disabilities.

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