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- Title
AVOCATUL POPORULUI, CURTEA CONSTITUŢIONALĂ, CONSILIUL SUPERIOR AL MAGISTRATURII, MINISTERUL JUSTIŢIEI ŞI NOUL COD DE PROCEDURĂ CIVILĂ.
- Authors
Ciobanu, Viorel Mihai
- Abstract
The study calls into question the Constitutional Court Decision no. 473 of 21 November 2013 declaring art. 659 para. (3) of the new Code of Civil Procedure as unconstitutional, which required the Public Ministry to assist bailiffs if they failed to obtain any information and data from the authorities and public institutions, from individuals and legal entities to carry enforcement. The author criticizes both the Ombudsman complaint, the allegations of the Public Ministry and the reasoning of the Constitutional Court. In this context, the author pronounces on some proposals to amend the New Code of Civil Procedure in relation to the enforcement, the respective proposals have been made by the Superior Council of Magistracy and Ministry of Justice. The study calls into question the Constitutional Court Decision no. 473 of 21 November 2013 declaring art. 659 para. (3) of the new Code of Civil Procedure as unconstitutional, which required the Public Ministry to assist bailiffs if they failed to obtain any information and data from the authorities and public institutions, from individuals and legal entities to carry enforcement. The author criticizes both the Ombudsman complaint, the allegations of the Public Ministry and the reasoning of the Constitutional Court. In this context, the author pronounces on some proposals to amend the New Code of Civil Procedure in relation to the enforcement, the respective proposals have been made by the Superior Council of Magistracy and Ministry of Justice.
- Subjects
CONSTITUTIONAL courts; COOPERATIVE ministry; BAILIFFS; PUBLIC institutions; CIVIL procedure; JUSTICE administration
- Publication
Romanian Review of Private Law / Revista Română de Drept Privat, 2013, Issue 6, p50
- ISSN
1843-2646
- Publication type
Article