SINTEZĂ DE LEGISLAŢIE EUROPEANĂ ŞI DE JURISPRUDENŢĂ CEDO ÎN MATERIA EXECUTĂRII SILITE
SUMMARY OF EUROPEAN LEGISLATION AND ECHR CASE LAW ON ENFORCEMENT

Summary/Abstract: The importance of the enforcement procedure was first highlighted a few years ago in several landmark decisions of the European Court of Human Rights. Thus, the judgment in Hornsby v. Greece of 19 March 1997 was the beginning of a "revolution" in this field, as it enshrined for the first time the right to enforcement of judgments within a reasonable time, in view of Article 6 (1) of the European Convention on Human Rights. Also, according to its provisions, enforcement has been recognised as the second phase of the civil trial and as such, all the principles of fair trial apply to it. This judgment was followed in ECHR case law by Lunari v. Italy of 11 January 2001, which in turn admits the right to enforcement of a "judgment or order of any jurisdiction". Basically, from this moment on, a "reset" has been carried out on the legal rules composing the enforcement procedure or the provisions governing the organisation and functioning of enforcement agents. In other words, most European countries have tried to adapt their own legislation to the new rigours imposed by ECHR case law. Since then, numerous decisions have been delivered which, on the one hand, have generalised the right to enforcement and established its admissible limits in a state governed by the rule of law and, on the other, the liability of the state for certain circumstances encountered in enforcement proceedings. A number of European instruments have also been developed which are a particularly important source for enforcement or the status of the bailiff for all EU Member States. Therefore, this study aims to highlight this new approach of the ECHR to enforcement by circumstantially grouping the most relevant decisions, which essentially enshrine various positive obligations of the state in this procedure. The most important European legal acts that currently underpin enforcement in the EU will also not be forgotten.

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