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Universul Juridic magazin

Legal aid regarding the bail due to suspended enforcement – realistic perspectives in the context of the present legislation

Civil enforcement proceedings place on adversarial positions the conflicting parties of a legal relationship, more than any phase of the said relationship, whereas both parties rely equally determined on the very same guarantee regarding access to a court lato sensu, in so far as Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms enshrines it. Throughout enforcement proceedings, national courts are being called upon to balance the parties’ interests and to solve this dispute, starting from the phase where they must decide on the request for suspending enforcement. To that effect, courts are obliged to also take into account the legality principle governing the civil proceedings, as well as the arguments raised by the parties, which are not to be overlooked. The precarious equilibrium currently maintained by judicial practice in the matter of legal aid for the bailment required in the enforcement suspension requests compels us to take a new look at the possible solutions, in hope of identifying answers to the questions raised to public debate.