Case Q-6374/15
Entity addressed: National Commission for the Protection of the Child Rights
Date: 2016/12/14
Subject: Termination of the protective measure. Legal age. Process of voluntary jurisdiction
Status: Legislative initiative is ongoing
The Ombudsman mediation was requested following the publication of the Law
No. 122/2015 of 1st September related to the alimony in case of adults or emancipated
children.
The complainant mentioned a legal discrepancy regarding children support regulations in case of divorce, judicial separation from bed and board, declaration of nullity or
annulment of the marriage.
The above mentioned law makes an amendment to the article 1905, no 2 of the Civil
Code which states that the child support responsibility could be extended till the age of
25 under certain circumstances.
On the other side the Law for Protection of Child and Youth at Risk states in its article
No. 63, no 1, item d) the age of 21 years old.
It seems therefore there is a difference of regimes between the protection and promotion processes and the civil guardianship one as the legislator allows an extension of
alimony till the age of 25 years old under certain circumstances in the later but this would
be terminated at the age of 21 years old in the former.
However, after conducting some enquiries at the National Commission for the Protection of the Child Rights, the Ombudsman took notice that there was an ongoing legislative initiative addressed to the above mentioned.
Therefore, given the Ombudsman is prohibited from supervising the politic activities
of sovereign bodies, it was determined the closure of this case.
•
Case Q-3866/16
Entity addressed: Institute of Mobility and Transports, I.P.
Date: 2016.11.22
Subject: Driving license. Expiration. Exam. Complaint
Status: The addressee did not raise objections
The complainant received a letter stating a date and time to attend a passenger vehicle
driving exam. After attending the appointment and waiting two hours he was informed
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