The Procedure for the Trial and Enforcement of Judicial Decisions Concerning Individuals under Special Protection in the Legislation of the Republic of Moldova and the European Union

Abstract

The topic we addressed concerns enhanced protection measures for vulnerable persons, freedom of expression, civil rights, etc.

Special protection concerns the legal institution of special guardianship, which is a legal protection measure established by the court for people who, due to a total deterioration of their mental abilities, are unable to exercise their rights and freedoms.

The main characteristics are: the guardian has the role of fully representing the protected person in all legal acts; the conditions for the establishment of guardianship are based on the mental impairment, which must be total and, where applicable, permanent; the length of time of this measure is limited to a maximum of 5 years, with the possibility of extension to 15 years in exceptional cases; the purpose of this measure is to protect the rights and interests of the protected person, promoting autonomy and social inclusion.

The difference in judicial approach in the court is given by: special guardianship which offers a broader protection, involving full representation; and judicial counselling in the court, which is exercised by the special guardian appointed by the court, who supports the person in the independent use of rights with specific assistance throughout the civil proceedings.

The guardian has a set of main duties, of which we highlight: the administration of the assets of the protected person; the representation of interests in court and before and in front of the authorities; the support for social inclusion of the protected person.

The importance of the special guardianship is to provide a protective legal framework for the severely mentally disabled person ensuring a decent life in society.