Best Interests of the Child Achieved Through Constitutional Case-Law

10 Pages Posted: 16 Oct 2013

See all articles by Tudorel Toader

Tudorel Toader

Faculty of Law, Alexandru Ioan Cuza University of Iaşi; Constitutional Court of Romania

Marieta Safta

Constitutional Court of Romania; Titu Maiorescu University - Faculty of Law

Date Written: October 9, 2013

Abstract

Although the Constitution of Romania does not specifically enshrine the principle of the best interests of the child - the relevant constitutional text (Article 49) using the phrase “special protection and assistance”, this principle has been asserted in the case-law of the Constitutional Court and it is currently regulated also in infra-constitutional laws. These laws also establish the main coordinates that must be taken into account upon taking decisions relating to the child (needs for development - physical, psychological, education and health, security, stability and affiliation to a family; child’s opinion, according to age and degree of maturity; history of the child, ability of the parents or of the persons entrusted with child-raising and childcare to meet his specific needs), as well as appropriate safeguards.

The jurisprudential benchmarks presented illustrate the issues examined by the Constitutional Court of Romania in relation to this subject matter, its influence on the legislator and, from this perspective, the importance of constitutional justice, respectively the importance of the cooperation between constitutional courts for the realisation of basic rights, in general, and of the best interests of the child, in particular.

Venice - 12th meeting of the Joint Council on Constitutional Justice and mini-conference on "Children's Rights".

Keywords: best interest of the child, constitutional justice, constitutional review, state allowance, parental allowance, parental leave, filiation

JEL Classification: K10

Suggested Citation

Toader, Tudorel and Safta, Marieta, Best Interests of the Child Achieved Through Constitutional Case-Law (October 9, 2013). Available at SSRN: https://ssrn.com/abstract=2340922 or http://dx.doi.org/10.2139/ssrn.2340922

Tudorel Toader

Faculty of Law, Alexandru Ioan Cuza University of Iaşi ( email )

B-ul Carol I nr.11
IAŞI, 700506
Romania

Constitutional Court of Romania ( email )

Palatul Parlamentului, Intrarea B1, Calea 13
Septembrie nr. 2
Bucharest, sector 5
Romania

Marieta Safta (Contact Author)

Constitutional Court of Romania ( email )

Palatul Parlamentului, Intrarea B1, Calea 13
Septembrie nr. 2
Bucharest, sector 5
Romania

Titu Maiorescu University - Faculty of Law ( email )

Strada Dâmbovnicului 22
Bucharest, 040441
Romania

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