BULLYING ‒ PROVOCĂRI LEGISLATIVE. ABORDARE JURIDICĂ ŞI JUDICIARĂ
BULLYING ‒ LEGISLATIVE CHALLENGES. LEGAL AND JUDICIAL APPROACH

Summary/Abstract: The present article aims to offer an incentive to debate whether one can consider that – through the Law no. 221/2019 – Romania has legislated against bullying. It is said that there is only a Law of Education (which, unfortunately, is one of the most amended organic laws), the contents of which make reference to bullying. It notes the attention paid by NGOs, which have signaled the stringent need for “the legislation to offer the possibility of intervention”. From a judicial viewpoint, it summarizes the solution which inspired an online article on Juridice.ro: “The Constanţa Court of Appeal pronounces the first conviction for bullying”. From a legal perspective, it showcases the provisions of Law no. 221/2019 and the Methodological Norms which objectionably add to primary legislation. It is shown that the legislator stopped at defining “psychological violence – bullying” and prohibiting bullying-type behaviors in schools and all other spaces reserved to education and professional training, yet failed to provide the legal consequences of disobeying this interdiction. In case of a consumed act of bullying, it claims that one ought to continue to apply the general rules or attempt mediation, as a form of restorative justice invoked in the Methodological Norms that accompany the law.

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