<abstract xmlns="http://www.w3.org/1999/xhtml"><p>Recently, Law no. 57/2016 was adopted amending and supplementing Law No. 273/2004 regarding the adoption procedure and other legal acts. Contrary to Law no. 273/2004, Law no. 57/2016 has modified and supplemented what numerous aspects are concerned, not only the “adoption procedure”, but also its “main conditions” and its “effects”. Even if it seems a minor issue, we are still witnessing a case of non-compliance with the legislative technique for drafting laws. Basically, what Law no. 273/2004 is concerned, the “subject of regulation” has become incompatible with its “name”, contrary to the regulations of art. 41 para. (1) of Law 24/2000 on legal techniques for drafting laws. Law no. 273/2004 has also been modified and massively completed, resulting a really long legal document, incomprehensible by those whom it concerns, difficult of being discussed and moreover difficult of being implemented by the authorities. To these aspects there are other contextual ones to be added, determined by the doubtful “logical legal fundament” of the amendments and additions as well as the modest concerns for correlations between the legal dispositions of Law no. 273/2004 and other legal provisions. Finally, numerous changes and additions to Law no. 273/2004 are of “obvious banality” questioning their practical “necessity and utility”.</p></abstract>

Recently, Law no. 57/2016 was adopted amending and supplementing Law No. 273/2004 regarding the adoption procedure and other legal acts. Contrary to Law no. 273/2004, Law no. 57/2016 has modified and supplemented what numerous aspects are concerned, not only the “adoption procedure”, but also its “main conditions” and its “effects”. Even if it seems a minor issue, we are still witnessing a case of non-compliance with the legislative technique for drafting laws. Basically, what Law no. 273/2004 is concerned, the “subject of regulation” has become incompatible with its “name”, contrary to the regulations of art. 41 para. (1) of Law 24/2000 on legal techniques for drafting laws. Law no. 273/2004 has also been modified and massively completed, resulting a really long legal document, incomprehensible by those whom it concerns, difficult of being discussed and moreover difficult of being implemented by the authorities. To these aspects there are other contextual ones to be added, determined by the doubtful “logical legal fundament” of the amendments and additions as well as the modest concerns for correlations between the legal dispositions of Law no. 273/2004 and other legal provisions. Finally, numerous changes and additions to Law no. 273/2004 are of “obvious banality” questioning their practical “necessity and utility”.

Critical Views on Some Changes and Some Supplements on Law No. 273/2004 regarding the Adoption Procedure through Law No. 57/2016

“Nicolae Bălcescu” Land Forces Academy, Sibiu, Romania

“Dimitrie Cantemir” University, Tîrgu-Mureș, Romania

International conference KNOWLEDGE-BASED ORGANIZATION

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Recently, Law no. 57/2016 was adopted amending and supplementing Law No. 273/2004 regarding the adoption procedure and other legal acts. Contrary to Law no....

Critical Views on Some Changes and Some Supplements on Law No. 273/2004 regarding the Adoption Procedure through Law No. 57/2016

Published Online: Jul 27, 2016

Page range: 315 - 323

DOI: https://doi.org/10.1515/kbo-2016-0054

Keywords
rules of legal technique, logical and legal justification, fundamental conditions of the adoption, consent to adoption

© 2015 Teodora Drăghici et al., published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Critical Views on Some Changes and Some Supplements on Law No. 273/2004 regarding the Adoption Procedure through Law No. 57/2016

Published Online: Jul 27, 2016

Page range: 315 - 323

DOI: https://doi.org/10.1515/kbo-2016-0054

Keywordsrules of legal technique, logical and legal justification, fundamental conditions of the adoption, consent to adoption

© 2015 Teodora Drăghici et al., published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
rules of legal technique, logical and legal justification, fundamental conditions of the adoption, consent to adoption