Interesul superior al copilului versus rolul activ al judecătorului. Sau despre universuri (aparent) paralele care se întâlnesc
The best interests of the child versus the active role of the judge. Or about (apparently) parallel universes that meet

Summary/Abstract: The paper analyses the relation between child’s best interest principle and the principle of Court’s active in judicial proceedings, aiming to show that though first is rather substantial in nature and last procedural, the two interact in multiple ways. Still, in all circumstances, the Court must apply the two principles considering the legal framework and the limits that are set by it. In this regard, after a short presentation of the research premises, the paper focuses on the two principles, underlining the main elements of particularity. The second part of the paper, and the most comprehensive, addresses the contact points between child’s best interest and the active role of the court, distinctively analysing the aspects that expressly regulated and those that can be rather deduced by way of interpretation. Among others, things such as the court censorship of disposition acts, ex officio examination of some aspects, child’s home, child’s hearing, or the censorship of parent’s agreements are being are being considered.

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