Interdisciplinary Collaborative Public Policies at Community Level in the Enforcement Process of Penalties and Non-custodial Measures

Interdisciplinary Collaborative Public Policies at Community Level in the Enforcement Process of Penalties and Non-custodial Measures Associate professor Camelia Daciana STOIAN1 Lecturer Cristian MĂDUȚA2 Abstract As the relationship with the persons under private law empowered to manage the execution of the range of noncustodial measures and punishments in this sphere is currently outlined at the legislative level, the nuances that limit access to the profession are identified. This aspect harms in practice both the person responsible for safety measurement and the judge who is delegated with the execution, the probation department and last but not least the professional mandated with the expertise regarding the state of health of the person in question. Since 2014, the Council of Europe's Report "A juvenile criminal justice adapted to children: from rhetoric to reality" has motivated the considerations regarding justice related to children, which mentions the need for minors in conflict with the law to have access above all to treatment and special staff. The proposed law restores the right to the vision required from the level of practitioners with reference to the recontouring of the provisions of article 20 of Law no. 253/2013 regarding the execution of punishments, educational measures and other non-custodial measures ordered by judicial bodies during the criminal process, in accordance with the goal of the regulation, namely to ensure the legal order by guaranteeing the balance that must exist between the protection of society and the reintegration in the community. At the same time, the terminations of the Ferenda law proposal will demonstrate the need for corroboration with normative acts that regulate the way of exercising the various liberal professions through units without legal personality necessary in terms of providing medical assistance at ambulatory level, both in the preventive and in the of recovery. Keywords: practice, public service provider, public practice, administrative law. JEL Classification: H83, K23 1. Introduction - current legal framework With regard to the content of Articles 18(5) and 20 part of Law No 253/2013 and implicitly to the subject matter of this article, we have drawn attention to a referral made by Tribunal Dolj 3, concerning the request for a preliminary ruling by the High Court of Cassation and Justice, on the following question of law: "In interpreting Art. 20 para. (1) of Law No. 253/2013 on the execution of sentences, educational measures and other non-custodial measures ordered by judicial bodies in the course of criminal proceedings, as subsequently amended, the individual psychology practice registered under the provisions of Art. 13-15 of Law No. 213/2004 on the exercise of the profession of psychologist with the right of free practice, the establishment, organization and functioning of the College of Psychologists of Romania, as subsequently amended, constitutes an association, foundation or commercial company among those referred to in Art. 21 of Law No. 253/2013 ?" Of the two articles indicated, Article 18 regulates the participation of institutions belonging to the local community, through professional actions specific to their activity, in the procedure for the execution of non-custodial measures, with the inclusion in this category of private legal persons. These legal persons are required by Article 18(5) to produce the documents listed in Article 20 , such as the company's registration certificate in the commercial register or the extract from the register of the court registry in the case of an association or foundation. More precisely, the whole essence of this reference article (Article 20) is limited only to associations, foundations and companies that can provide proof of the concession of a public service. The pertinent question then arises, already highlighted in case law, how is the purpose of the regulatory act to be achieved, when by law psychology services can only be offered through the organisational forms of the profession, units without legal personality (therefore not registered either with the ORC or with the court registry) which are: either individual, associated or professional 1 Camelia Daciana Stoian - University "Aurel Vlaicu" Arad, Romania, , https://orcid.org/0000-0003-2776-6244. Cristian Măduța - "Aurel Vlaicu" University of Arad, . 3 Dolj Court - Criminal Section, case no. 4.686/63/2019. 2 Perspectives of Law and Public Administration Volume 12, Issue 3, October 2023 421 civil societies of psychology, or through psychology structures part of various entities 4 ? The text of the article under consideration, in addition to failing to achieve the necessary link with the reference normative acts, also creates a difference in treatment by excluding precisely those structures which can provide authorised psychological assessment and counselling in this sensitive area of services, ensuring integration and motivational training in this respect, the development of intrinsic motivation for self-control and constant optimisation of behaviour. Frankly, we are surprised by such an approach, because the angle from which the text should have been essentialized was to establish who can be qualified and authorized as a legal form of organizing the profession on the assistance and counseling necessary for individuals established in charge of probation bodies? Furthermore, we reiterate, given that all professional structures, with or without legal personality, are equal under the law, why is it not permissible for those who are qualified to have the same, equal benefits, with the removal of any discrimination? 2. Possibility or right to provide assistance and counselling services? The issue under investigation deserves to be qualified in relation to the right to provide such services through these structures without legal personality but also in relation to the type of services since the organisational forms of the psychology profession are public service providers, even if they are private structures. The legislator has set three conditions for the authorisation of private law persons: they must be legal persons, they must only be associations, foundations or companies and they must meet those minimum standards imposed by the probation service. The holder of the individual psychology practice, petitioner in the case pending before the Dolj Court, seeking recognition and obtaining the right to be licensed to organise professional activities, namely counselling, social reintegration and assistance for those registered in the database of probation structures, has demonstrated: the functioning of the profession in a legal structure, the authorisation of the structure by the professional body and the possibility of meeting the standards. Part of the courts referred to on the issue discussed, according to recital 33 of the decision no. 6 of 17 February 20205, have established "that the authorizatio (...truncated)