Respectarea drepturilor și intereselor copilului în procedura de executare a actelor administrative și a hotărârilor de contencios administrative [Articol]

Abstract

When implementing the individual administrative act, the public authority is to undertake enforcement measures, which are in reasonable relation to the purpose they have and are selected in such a way as to affect the individual and society to a minimum. The positive obligations of the state in respect of family life involve the adequate and effective implementation of legislation in order to ensure the legitimate rights of individuals. This must allow the state to take appropriate measures to restore the contact between the parent and the child, including in the event of a conflict between the parents. If the national authorities must endeavor to facilitate the maintenance of contact between the parent and his child, their obligation to resort to coercion can only be limited: they must take into account the interests and the rights and freedoms of those persons and, in particular, the best interests of the child and his rights guaranteed by Article 8 of the Convention.