The Romanian Constitutional Court reasserts its unwavering case-law on enforcement procedures

A new ruling of the Constitution Court enabled the Government to amend the Civil Procedure Code regarding the commencement formalities of enforcement procedures.

The CCR ruled that the judicial executor has no authority to approve the commencement of enforcement procedures and must first file a request with the relevant court to begin the said enforcement. The Romanian Government quickly responded by issuing an Emergency Ordinance published simultaneously with the CCR’s decision, whereby it amends the Civil Procedure Code to comply with the decision.

The Romanian legislature had previously attempted to relieve the courts of the responsibility to approve enforcement procedures and delegate such responsibility to judicial executors. However, the CCR ruled that such a legal provision leads to sidestepping the control performed by the courts of law, and is unconstitutional.

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