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The 2004 Child Adoption Law Has Unconstitutional Elements, CCR Decided

CCR established that the provisions provided for in art. 31 para. (3), the third sentence of Law no. 273/2004 regarding the adoption of children are unconstitutional.

“Essentially, the Court held that, in the procedure for opening the adoption, the child’s natural parents must benefit, as any part of a judicial procedure, from the right to defense, a fundamental right, guaranteed by art. 24 of the Constitution”, it is shown in the press release.

Concretely, the CCR decided that the Law from 2004 must be amended where it says that “in the situation where the natural parents might not be found, their citation is done through publicity, without the court ordering the appointment of a curator from among the lawyers of the bar”.

The argument was that the phrase “without the court ordering the appointment of a curator from among the lawyers of the bar” has no objective and reasonable justification and that it institutes discrimination regarding the right of defence.

“The specific constitutional remedy, in the event that discrimination is found to be unconstitutional, is – in the case of natural parents who might not be found and whose citation is made through publicity – the granting of the benefit consisting in the court ordering the appointment of a curator from among the lawyers of the bar”, stated CCR.

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Also, the Constitutional Court points out, in order to ensure the right to defense of the natural parents who might not be found and who were cited through , “the legislator should have provided that the remuneration due to the special curator is borne from the state budget, this amount not being able be put in charge of the natural parents – parties in the procedure for opening the adoption”.

The CCR’s decision is final and binding.

Everyone laughed when Bendeac imitated Pițurcă, and the inevitable happened and the two met in a shop on Victoriei. Unbelievable what the coach did to him, Bendeac:

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GSP.RO

Everyone laughed when Bendeac imitated Pițurcă, and the inevitable happened and the two met in a shop on Victoriei. Unbelievable what the coach did to him, Bendeac: “He made me feel embarrassed. It was horrible!”