Consideraţii privind libertatea copilului de a-şi exprima opinia şi dreptul acestuia de a fi ascultat

Prof. univ. dr. Teodor BODOAŞCĂ

Drd. Andrei - Bogdan MURGU

Universitatea „Dimitrie Cantemir” din Tîrgu Mureş

ABSTRACT

The purpose of the study is the logical-legal analysis of the provisions of art. 29 of Law no. 272/2004 and art. 264 C. civ. Devoted to the child's freedom to express his opinion in relation to any matter concerning him, respectively to his right to be heard in any administrative or judicial procedure that also concerns him.

The analysis is, above all, critical, both in terms of the disregard of the principle of the supremacy of the Constitution and of some norms of legislative technique for the elaboration of normative acts.

In order to eliminate the negative aspects reported, we have based some proposals of law ferenda, in the sense of repealing or modifying some provisions of Law no. 272/2004 and the Civil Code.

Keywords: freedom of expression of opinion by the child,...