The Impact of Legislative Reform on the Protection Measures for Adults with Mental Disabilities in Romania

The protection of adults with mental health issues remains a constant topic of discussion on the international community’s agenda. Efforts are being made to identify appropriate measures that ensure real legal protection for individuals who, at some point, experience total or partial deterioration of their mental faculties. In this context, the Romanian legislator has sought to align with modern protection standards for vulnerable adults. In 2022, Romania underwent a significant legislative reform regarding the protection measures for adults with mental disabilities, through the adoption of Law No. 140/2022 on certain protection measures for persons with intellectual and psychosocial disabilities, as well as the amendment and completion of several legal acts. As a result, national protective measures have been restructured. The traditional placement under interdiction, which was previously the sole measure that could be imposed by Romanian courts, has been replaced by a wide range of alternative measures, applicable depending on the degree of mental deterioration of the individual in need of protection. Currently, a judge may order judicial counselling or special guardianship. Through this study, we aim to analyse whether the Romanian state has succeeded in creating a protection system tailored to the needs of adults with mental health issues. We will investigate the impact of recent legislative changes in Romania in this field, particularly the transition from law in theory to law in practice. We will also conduct an examination of Romanian case law relevant to this matter, identifying any potential shortcomings in the new regulations. Keywords: Protective measure; Mental disabilities; Vulnerable adult; Legislative reform.