Romanian Constitutional Court strikes down vague provisions in new child-crime law
The Constitutional Court ruled that mandatory placement of children under 14 who commit violent offenses and the sanctions on their parents are unconstitutional, while upholding compulsory psychological counseling without parental consent.
Parliamentarians from PNL and PSD introduced amendments to Law no. 272/2004 to impose stricter controls on children under 14 who commit offenses, proposing compulsory placement in specialized centers for violent acts and penalties for non-cooperating parents. President Nicușor Dan referred the law to the Constitutional Court, which unanimously declared several provisions unconstitutional. The Court said the term "violent act" is insufficiently defined, making mandatory placement unpredictable, though it did not ban placement altogether, viewing it as a form of social assistance.
It also ruled that children can be ordered into psychological counseling without parental consent, citing the child's best interest, and dismissed the overlapping criminal and contraventional sanctions for parents as confusing. The decision is final and will require parliamentary revision before the law can be promulgated.
Why it matters
The ruling reshapes how Romania can intervene in juvenile crime, affecting child protection policies and parental liability.
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