In a distinctive move within the Romanian legal system, the High Court of Cassation and Justice has handed down a ruling in favour of The Foundation For The Defense Of Citizens Against State Abuses (FACIAS), thereby creating a tangible opportunity for individuals with disabilities to enjoy their fundamental rights and a life of dignity. The magistrates have ordered state institutions to comply with the legal deadlines for the full implementation of Law no. 7/2023, which would introduce monthly financial support measures for adults with disabilities.
The enactment of Law No. 7/2023 on supporting the deinstitutionalisation process of adults with disabilities and implementing measures to accelerate it and prevent institutionalisation, as well as amending and supplementing some normative acts, which entered into force on 9 January 2023, has resulted in the creation of a modern legislative framework for the protection and support of persons with disabilities. This framework is aligned with the requirements of the National Recovery and Resilience Plan (NRRP) and national disability strategies. Nevertheless, despite the law establishing clear deadlines of between 30 and 90 days from its enactment to issue the requisite normative orders for implementation, the National Authority for the Protection of the Rights of Persons with Disabilities has failed to comply with these obligations, thereby delaying vital reforms in an area that is crucial for the lives and dignity of vulnerable groups of citizens.
Why Law 7/2023 is necessary
The objective of this legislation is to provide support for adults with disabilities, with the aim of facilitating their deinstitutionalisation and integration into the community. This is to be achieved through the implementation of a series of specific measures. These include the allocation of financial resources from the state budget or from non-reimbursable external funds, in the form of a monthly allowance for individuals classified as severely, severely or moderately disabled. The amount of this allowance is determined on the basis of an assessment of the individual's needs in relation to community living, and is intended to cover the costs associated with managing one's own accommodation.
FACIAS petitioned the court to mandate the National Authority for the Protection of the Rights of Persons with Disabilities to issue the requisite regulatory directives. Despite the initial dismissal of the case by the Bucharest Court of Appeal on the grounds that the court is precluded from compelling a central authority to issue a normative act, FACIAS sought an appeal. Ultimately, the magistrates of the Court of Cassation granted the appeal, vacating the lower court's judgment and remanding the case for a new trial.
The ruling handed down by the High Court of Cassation and Justice represents a significant legal victory for FACIAS and a landmark decision that sets a new precedent for the interpretation of the powers of the courts in relation to central authorities. In its argumentation, FACIAS posited that the law of administrative contentious proceedings permits the courts to mandate the issuance of normative acts when there is a legal obligation and a significant public interest. This position was upheld by the Court of Cassation, thereby reinforcing the rights of persons with disabilities and establishing a more favourable legal framework for future court actions with analogous objectives.
It is the conviction of FACIAS that the state is not merely bound by a legal obligation, but also bears a moral duty to extend tangible and unwavering assistance to individuals with disabilities. This is essential to safeguard against any form of exploitation and to establish the prerequisites for them to live with dignity and to integrate fully into society. It is only through such a commitment that an inclusive society can be constructed, in which every citizen has the opportunity to achieve their full potential.
