Discussions regarding the legal nature of decisions taken by the Commission for Child Protection and the competent courts in disputes relating to these decisions Cover Image
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Discuții privitoare la natura juridică a hotărârilor adoptate de către comisia pentru protecția copilului și instanța competentă să soluționeze litigiile referitoare la aceste hotărâri
Discussions regarding the legal nature of decisions taken by the Commission for Child Protection and the competent courts in disputes relating to these decisions

Author(s): Ana Vasile
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: decision of the Commission for Child Protection; legal nature; court competent to hear cases concerning annulment of/amendment to any such decision.

Summary/Abstract: In this study, the author, whilst analyzing the legal nature of Child Protection Commissions (which are organized and operate pursuant to Law No. 272/2004 on the protection and promotion of children’s rights and the Government Decision no. 1437/2004 on the organization methodology and functioning of the Child Protection Commission), concludes that the decisions taken by such committees are not special administrative jurisdiction acts, but simply unilateral administrative acts that are adopted by a specialized body within the county council or the local council of Bucharest sectors, as appropriate.As regards attacking / challenging these decisions in court, usually, the settlement power falls on the common law courts, and not on the administrative ones.

  • Issue Year: 2013
  • Issue No: 05
  • Page Range: 158-161
  • Page Count: 4
  • Language: Romanian
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