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Universul Juridic magazin

Controlul profesional asupra activitătii executorilor judecătoresti. Elemente de drept comparat

The applicable laws regulate the following types of control over the exercise of bailiffs’ activity: jurisdictional control, aiming at bailiff’s disputed deeds; professional control, which covers all activity carried on by the bailiff; disciplinary control, exercised in case of misconduct on the part of the bailiff, and the financial and accounting control, whose purpose is the financial and accounting management of the bailiffs’ chambers and offices. As regards the competent bodies or authorities to carry out the control, the current regulations provide that the courts carry out the jurisdictional control mainly by appeal against enforcement; professional control may be carried out by the Ministry of Justice, through the agency of general specialized inspectors, and by the National Union of Bailiffs, through its management board; disciplinary control is exercised by the Minister of Justice or by the Management Committee of the Bailiffs’ Chamber, and the financial and accounting control is mainly carried out by the tax bodies and by the Council of the National Union of Bailiffs. As part of the professional control carried out over the organization and operation of bailiffs’ chambers, the creation and composition of the bailiffs’ chamber is checked; the election of the management bodies of the chamber; the manner of performance of duties by the General Meeting of the Chamber; the manner of performance of duties by the Management Committee of the Chamber; the manner of performance of duties by the President of the Management Committee of the Chamber; the manner of performance of duties by the representative of the Chamber in the Union Council; the proceedings and records of the chamber etc., and in relation to the organization and operation of the bailiffs’ offices, it is checked: the way of setting up the bailiffs’ offices; the language in which the documents are drawn up at the bailiff’s office; the place of drawing up the documents by the bailiff; the records kept by the bailiff; the manner of registration of proceedings taking place at the bailiff’s office; the working hours of the bailiff’s office; the files kept at the bailiff’s office; the financial and accounting records of the activity carried on at the bailiff’s office etc. As part of the professional control over the quality of deeds and proceedings performed by bailiffs, it is checked: the application of the provisions of the Code of civil procedure in matter of enforcement; the compliance with the deadlines of drafting the enforcement procedure documents; the observance of procedures in case of various forms of enforcement; the observance of provisions of Law no. 188/2000 on bailiffs, of the Regulation implementing this law and of the Bylaws of the National Union of Bailiffs,; the observance of the provisions of the Civil Code and of other legal provisions related to the enforcement procedure; the nature of the deeds and proceedings drawn up by bailiffs etc. As part of the professional control regarding the behaviour of bailiffs in their work relationships with the public authorities and natural persons and legal entities, it is checked: the behaviour of the bailiff in his/her work relationships; his/her relationships with other bailiffs, with the representative bodies of that profession and with the staff of his/her office; the observance of rights and duties provided by law; the bailiff’s relationships with the public authorities with which his/her office cooperates; the bailiff’s relationship with the parties to an enforcement procedure report and with other stakeholders in the enforcement; the bailiff’s relations with magistrates, lawyers, as well as with natural persons and legal entities which he/she gets in touch with in the exercise of his/her job duties etc. The professional control is carried out by the Ministry of Justice, through the agency of general specialized inspectors, and by the National Union of Bailiffs, through its management body. The Council of the Union may delegate the management committee of the Chamber of bailiffs to carry out the professional control of bailiffs within the offices in its constituency, however, it may aim only at the quality of documents and proceedings performed by the bailiffs and their behaviour in the work relationships with public authorities and natural persons and legal entities.