CONTROVERSE ÎN MATERIA MĂSURILOR DE OCROTIRE A PERSOANELOR, OBIECT AL LEGII NR. 140/2022

As by Article 24 of the Law No 140/2022 the legislator imposed on the National Authority for the Protection of the Rights of Persons with Disabilities and the Superior Council of the Magistracy
obligations aimed at assessing the impact of this normative act, accompanied by possible proposals for its improvement, it is obvious that the legislator itself did not exclude that his
legislative work does not constitute the masterpiece in the field. In this context, the present approach is intended to continue to emphasize, by the doctrine, some shortcomings of the Law No 140/2022 and to already propose a genuine reform in the matter.
In the spirit of respecting the right to dignity of the persons with severe intellectual and psychosocial disabilities, a right that requires that a person who has acquired by law a full capacity of exercise should not be subjected to the degrading treatment of losing, totally or partially, this capacity, in the following we propose to be introduced, in the matter of capacity of exercise, the institutions of assisted capacity of exercise and of supervised capacity of exercise. Consequently, it required either the replacement of the institution of guardianship with the existing one, that of the personal assistant, as the case may be, of the professional personal assistant, or a specialization in the matter of guardianship, for such persons, of the sort of administrative guardianship.