The CCR maintains mandatory psychological counseling for children under 14, but rejects automatic placement in specialized centers and the sanctioning of parents

On Wednesday, October 21, the Constitutional Court partially upheld President Nicușor Dan’s challenge regarding the law introducing measures for children under 14 who commit acts covered by criminal law. The CCR declared unconstitutional the provisions concerning mandatory placement in specialized centers and the sanctioning of parents, but upheld the possibility for a court to impose psychological counseling without parental consent.

The Court considered that the wording concerning children who commit violent acts was not sufficiently clear to automatically justify placement in a center. However, placement remains possible as a social protection measure intended to provide the child with care, education, rehabilitation, and reintegration, rather than as a criminal penalty.

The CCR upheld mandatory psychological counseling, finding that it may be ordered in the best interests of the child. Parents may be heard by the court, but their refusal cannot block the measure.

The judges also rejected sanctions for parents who fail to participate in counseling programs, as the law allowed criminal and administrative liability to overlap and did not clearly establish each adult’s obligations. Some provisions could even have suggested the criminal liability of a child under 14, although the Criminal Code rules this out.

The law, initiated by PNL and PSD lawmakers and adopted by the Chamber of Deputies on April 29, 2026, will be sent back to Parliament for amendments to the articles declared unconstitutional. The CCR’s decision is final and binding.