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Universul Juridic magazin

Indirect means of performing the enforcement

Among all means made available by the domestic law in order to make the enforcement procedure efficient, the European Court pays increased attention to the so-called “indirect means” of enforcement, being qualified in this way in its case-law, as they cannot remedy themselves the alleged breach indirectly, since they cannot be deemed as sufficient for performing the enforcement, because they are not proper means of enforcement. Moreover, such ways of action shall not be mandatorily pursued, however, they may be considered as subsequent, accessory actions possibly to be referred to, as an expression of the diligence that the lender has to show during the procedure, but also of the active role, which the bailiff has to show. Nevertheless, besides the previously evoked characteristics (facultative and accessory means), a special significance must be recognized to these indirect means of action in the enforcement procedure, corresponding to the purpose for which they were set forth, contributing, together with the main means, to outline an overview of the way in which the enforcement procedure is developed, of the way in which the fundamental principles, the rights were observed, and to the same extent, of the way in which the obligations of all participants to the procedure are performed.