Part III

Milena TOMESCU, Ph. D., Reader, Faculty of Law, University of Bucharest, The Importance of Constitutional Case-law in Guaranteeing the Right to Personal Relations between the Separated Parent and Child
Abstract: Provisions of art. 43 of the Family Code, respectively art. 262 para. (2) of the New Romanian Civil Code concerning personal relations between parents and their which have been separated raise not only the question of their constitutionality, but they also represent an essential component of the right to family relations as this last one is guaranteed by art. 26 para. (1) of the Romanian Constitution and art. 8 of the European Convention on Human Rights. The manner in which these provisions are respected in practice is an illustration of the approach taken by public authorities with regard to the fulfillment of their obligations under art. 49 para. (1) of the Fundamental Law.

Whenever courts have to apply those provisions, they must take into account not only the importance of personal relations between parents and children in order to support the personal interest of the child, but also they must ground their decision on the jurisprudence of the Constitutional Court and European Court of Human Rights as well.

Key-words: personal relations, right to family relations, child's best interest
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