Observations on public institutions and authorities with the purpose of protecting individuals

• Author: Carmen Teodora Popa - Florina Morozan
• Position: Faculty of Law, Department of Law University of Oradea, Oradea, Romania - Faculty of Law, Department of Law University of Oradea, Oradea, Romania
• Pages: 16-26

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2017), pp. 16-26

16

OBSERVATIONS ON PUBLIC INSTITUTIONS AND AUTHORITIES

WITH THE PURPOSE OF PROTECTING INDIVIDUALS

C.T. POPA, F. MOROZAN

Carmen Teodora Popa

Faculty of Law, Department of Law

University of Oradea, Oradea, Romania

*Correspondence: Carmen Teodora Popa, University of Oradea, General Magheru St.,

Oradea, Romania

E-mail: bnppopacarmen@gmail.com

Florina Morozan

Faculty of Law, Department of Law

University of Oradea, Oradea, Romania

*Correspondence:

E-mail: bnppopacarmen@gmail.com

ABSTRACT:

The present work brings to the reader's attention the evolution concerning the

regulation of institutions and public authorities with powers in the field of protection of the

individual in Romania and, in particular, in the field of child care. Taken from the Family

Code, the current tradition of civil code, through article 107, gave the Court the

responsibility of guardianship and family proceedings relating to protection of the individual.

Subsequently, law No. 71/2011 for the implementation of law No. 289/2009 allowed, on a

temporary basis, until the entry into force of the regulation of the Board of Trustees, as

courts to delegate, by closing certain tutelary authority powers. As a result of amendments to

law No. 71/2011, many duties of the Board of Trustees with respect to the minor or legal

forbidden were passed as the tutelary authority task.

On the other hand, the special protection of the child, law No. 272/2004 on the

promotion and protection of children's rights confer important directorates-general duties of

social work and child protection and child protection committees. These authorities with

important powers in matters of protection of the individual have a special quality in

triggering procedural active civil action such as revocation of parental rights by a court or

taking of a measure of special protection. Law No. 272/2004 has set up a special material

competence and liable to give rise to numerous controversies in jurisprudence.

The analysis of the development of institutions and public authorities with powers in

this matter confer the opportunity to observe how the powers of the blends and the conflicts

they generate in the existing not clear regulations. This article examines and interpreted that

the jurisprudence has given legal provisions.

KEYWORDS: Individual, organization, protection, public authorities

1. INTRODUCTORY CONSIDERATIONS

For a correct application of the rules governing the protection of the individual is

required the knowledge of the authorities and institutions that have competence in certain

subjects. In the legislation, the public authority is defined as any State organ or