ro fr
universul juridic magazin
Revista Română de Drept Privat

Ombudsman, the Constitutional Court, the Superior Council of Magistracy, Ministry of Justice and the New Code of Civil Procedure

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.