Minors involved in administrative or judicial proceedings are severely affected by the experience of their going through. This is why it is required a supplementing of the legislation with provisions that can support minors in order to express themselves without coercions and without fear, and their rights to be respected in the interaction with public authorities. This implies the training of all categories of professionals who interact with minors in these legal procedures, in the sense of knowing the basic notions of child psychology, but also notions from the legislation applicable to the field of minor protection. The regulation of these aspects can be achieved by adopting common normative acts at national level, after a detailed analysis of the relevant case law and the rules already applicable in the field of child protection. Law No. 272/2004 on the protection and promotion of the rights of the child details only part of the rights that a minor has in Romania. Its provisions have to be supplemented with those found in domestic and international law and with a series of updated procedures, instructions or methodological norms. At this time, the rights of the child are established in the United Nations Convention on the Rights of the Child, in the Guidelines of the Committee of Ministers of the Council of Europe concerning Justice in the Interest of the Child, in the Charter of Fundamental Rights of the EU, in the EU Strategy on the Rights of the Child, in the Council of Europe Strategy on the Rights of the Child (2016-2021) etc. Notwithstanding, they must be permanently updated and correlated so that at national level the child can plenarily benefit from their existence.
According to the legislation of the Romanian state, the general rule is that parental rights and obligations on the minor child are jointly exercised by both parents. In special situations, when there are good reasons, parental authority can be exercised only by one parent, the other parent retaining the right to maintain connection with the minor and also has the obligation to contribute to his or her maintenance. The exercise of parental rights and obligations towards the minor children is regulated in the Romanian legal system both by a framework law-the Civil Code-and by a special law-Law no. 272/2004 on the protection and promotion of the rights of the child. Both laws have been changed and adapted to the modern European requirements, so that children's rights be virtually protected, in a European legal space. Keywords Child; exercise of parental rights and obligations; Charter of Fundamental Rights of the European Union; UN Convention regarding the Rights of the Child; EU agenda for the rights of the child.
Activitatea didactică universitară are la bază un sistem de valori etice unanim recunoscute, care gestionează și orientează comportamentul membrilor comunităţii academice. Aceste valori sunt încorporate într-o serie de reguli şi norme de comportament pe care le regăsim în legi şi în acte administrative normative denumite Coduri de etică şi deontologie universitară, avizate prin deciziile Senatelor universitare şi care fac parte integrantă din Cartele universitare. Constituie o sarcină și o preocupare permanentă a membrilor Comisiilor de etică universitară, să stabilească forţa juridică a acestor coduri şi relaţiile lor cu celelalte reglementări normative aprobate de către aceleaşi foruri din conducerea universitară. Atunci când se evaluează dacă un membru al comunităţii universitare a respectat sau nu normele de etică academică, în Comisiile de etică se analizează mai multe acte juridice ce pot fi aplicate cauzei care se discută. Care este procedura prin care se stabileşte ce act administrativ va sta la baza deciziei ce va fi luată? Unele acte administrative normative au o forţă juridică mai mare decât a altora? Sau toate au aceeaşi forţă juridică? Vom afla analizând multitudinea de reglementări juridice care au relevanţă în soluţionarea cauzelor cu care sunt sesizate Comisiile de etică universitară.
For the special situations that may occur due to the wrong behaviour of a parent there must be identified solutions to ensure the actual protection of the child, even towards his/her parent. These solutions must be identified and applied within a reasonable time, otherwise the inadequate behavior of the parent being favored and strengthened, and the treatment of the traumas suffered by the child will be more and more difficult to accomplish. The state must organize its judiciary system so that its jurisdictions, especially in the cases concerning children, guarantee the right to obtain a decision within a reasonable time.
Criminality is a violation of the individual rights of victims and victims of crime should be recognized and treated with respect, care and professionalism, without being discriminated against. Victims of crimes should be protected against secondary and repeated victimization, intimidation and revenge, receive adequate support in order to facilitate their recovery and have adequate access to justice. Child victims must be supported taking into account their ability to form their own opinions. States should ensure that victims with disabilities have the opportunity to enjoy their rights in full measure, as well as with other citizens, including by facilitating access to the premises where criminal proceedings take place and access to information. The Romanian state ensures, at legislative level, specialized services to victims of crime, taking into account the legal provisions adopted at the European Union level, the national legislation being convergent with the European one, but also presenting specific particularities.
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