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Universul Juridic magazin

Facilities granted for public institutions by recent legislative changes in relation to the execution of their payment obligations established by enforceable titles

Given that it is unanimously recognized the negative impact of the financial crisis on the state budget and budgets of administrativeterritorial units, amendments must be made to regulations for the purposes of remedying those laws that burdensome public institutions, especially through these difficult times that the Romanian economy is undergoing.
In this context, the Government Emergency Ordinance no. 4/2011 has been adopted, approved by Law no. 92/2011, whose issuance was generated, as stated in its preamble, by the need for some measures to ensure, on the one hand, the avoidance of blocking the activity of the debtor public institutions, the adequate and effective implementation of their tasks and good functioning of public administration, and on the other hand, the compliance with the creditors’ right for enforcement within a reasonable time of a judgment.
Government Emergency Ordinance no. 4/2011, approved by Law no. 92/2011, brings significant changes to Government Ordinance no. 22/2002 on the enforcement of public institutions payment obligations, established by writs of execution, embodied articularly by the introduction of certain facilities for debtor public authorities, our study being aimed at researching these changes in terms of legislation, doctrine and practice in the Constitutional Court.