THE CONSTITUTIONAL COURT OF ROMANIA (CCR): SELECTION OF CASE LAW JANUARY-JUNE 2021

Violation of human dignity by failing to regulate guarantees to accompany the adjudication of incapacity. A protective measure such as the adjudication of incapacity must be established only as an ultima ratio, since it is of extreme seriousness, involving the loss of civil rights as a whole. Each time, it should be carefully analyzed, including whether other measures have proved ineffective to support the person’s civil capacity. Therefore, the State must not waive its positive obligation and must provide all necessary support to avoid such an extreme measure. (Decision no. 601 of 16 July 2020, published in the Official Gazette of Romania, Part I, no. 88 of 27 January 2021)