17/07/2025
Constitutional Court Decision No. 200/2025
What did the Court decide?
By Decision No. 200/2025, the Constitutional Court upheld the unconstitutionality exception raised by the Ombudsman and determined that Article 229(3²) of Law No. 71/2011—which implements the Civil Code (Law No. 287/2009)—is unconstitutional
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Why?
The Court found that the absence of a legal framework for organizing tutelary courts, as required by the judicial organization law, violates the principle of legality (Article 1(5) of the Constitution) and Article 124, which governs the functioning and organization of the justice system. In essence, judicial functions cannot be permanently delegated to administrative authorities under the pretext of a temporary arrangement .
What does this mean for citizens and legal professionals?
✔️ Restores balance between substantive rights and procedural norms within the Civil Code.
✔️ Emphasizes the need for legislative action: the tutelary court must be clearly regulated by organic law.
✔️ Protects the rights of minors and other protected persons, preventing potential risks caused by legislative misalignment.
✅ For the full analysis of the decision and its practical implications, please consult the complete text of the Constitutional Court’s ruling:
https://www.ccr.ro/wp-content/uploads/2025/07/Decizie_200_2025.pdf