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Universul Juridic magazin

Is it necessary to approve the enforcement of the European writs of execution?

This article aims at answering the question whether the European writs of execution falling within the Regulation (EC) no. 805/2004, Regulation (EC) no. 1896/2006, Regulation (EC) no. 861/2007 and Regulation (EU) no. 1215/2012 have to carry out the national procedure of the declaration of enforcement regulated under art. 666 of the Code of civil procedure. The goal of these European regulations is to outline a uniform law in the enforcement matter at the European level, for facilitating the immediate and efficient recovery of claims eliminating the difficult exequatur proceedings. The main pros and cons are further discussed regarding the need to carry out the national procedure of the declaration of enforcement regulated under art. 666 of the Code of civil procedure, as well as the non-unified judicial practice and the necessary delimitations are described between the institution of declaration of enforceability regulated under art. 666 of the Code of civil procedure and the institution of declaration of enforcement of the foreign judgement on the Romanian territory regulated under art. 1103-1110 of the Code of civil procedure. Finally, the conclusions are stated in the sense that the carrying out of the procedure of declaration of the enforcement regulated under art. 666 of the Code of civil procedure is necessary and mandatory in case of the European writs of execution.