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Universul Juridic magazin

Requirements from the perspective of the european Convention on human rights in the forced execution procedure. Brief considerations regarding the procedure of enforcement of decisions related to minors

“The experience of a new beginning”, marked by the new civil-procedural regulation, cannot be deserted to the requirements that the European Court set up in its case law regarding the conduct of the civil trial, in general, and particularly the efficiency of the forced execution procedure. Our intention is to consider that, besides their injurious nature, the effects of the multiple convictions suffered by the Romanian State for breach of the creditors’ rights in the stage of the (forced) execution, may be efficiently and reasonably capitalized in the action of the interpretation and enforcement of the new civil procedural rules. The identification, the knowledge and the usage of certain benchmarks of European and conventional origin become essential in the manner in which we ensure the efficiency of the civil rights in the enforcement procedure. A consistent regulation of the tasks of the bailiff, a consolidation of his/her role and authority in the conduct of the enforcement procedure, the diversification of the legal instruments made available to him/her for the purpose of the efficiency and celerity of the enforcement action, the guaranteeing of the creditor’s access to the capitalization of its claim through the agency of the forced execution and the management in return of the rights of the debtor and of third parties, the actual opportunities of satisfaction of the claims against the debtor State, an effective judicial control of the actions and measures decided in the forced execution procedure – all these are stakes which may be fulfilled insofar as the new regulation is interpreted in a comparative manner and flexibly adjusted to the requirements, exigencies and principles set up in the case law of the European Court.