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Universul Juridic magazin

Declaration of enforcement seen through the loupe of the decision of the Constitutional Court

During the period of 6 years, the Constitutional Court of Romania returned the request for declaration of enforcement twice to the judge: for the first time in Încuviinţarea executării silite privită prin lupa deciziilor Curţii Constituţionale 65 the year 2009, under the Decision no. 458; for the second time, at the end of the year 2015, under the Decision no. 895. What is the practical consequence of those two reference decisions of the Constitutional Court? How must the judge’s role, extremely increased by the Court in those two decisions, be shown in the legal reality, outside the Constitutional Court? What does the judge’s control involves in relation to the amount for which the declaration of enforcement is requested? Which is the applicable sanction in case of declaration of enforcement under a court resolution for granting where the amount is not mentioned, according to art. 666 para. (3) of the Code of civil procedure – absolute or relative nullity? Where shall the advantages of holding a writ of execution, other than a court order, be extended to? Here are certain questions arising in relation to the procedure of application of the law of a request for declaration of enforcement and which are imposed on the judge charged of such requests. This article emerged with a view to share the answers towards which introspection led us on these questions.