People’s ombudsman Mihail Cotorobai filed an application to the Constitutional Court, asking it to pronounce on the constitutionality of the Civil Procedure Code provisions that ban the persons declared incompetent from having free access to justice, IPN reports.
In a press release, the Office of the People’s Ombudsman says the free access to justice of incapable persons exists in theory only. The challenged norms deprive the given persons of civil procedural rights and obligations. The adults declared incompetent cannot defend their legitimate rights, freedoms and interests in court by themselves. The judges refuse to accept the lawsuit filed by such a person.
Consequently, the persons with mental disabilities declared incompetent by court decision cannot go by themselves to court. The state didn’t manage to create an appropriate mechanism for these persons if they want to file a suit to claim rights.
The people’s ombudsman considers the limitation of the free access to justice of the persons declared incompetent by court decision represents intervention by the lawmakers in the content of this right.
