Modificarea art. 666 C.pr.civ. – o intervenție legislativă cu efecte complexe
Amendment of art. 666 of the Civil Procedure Code – a legislative intervention with complex effects

Summary/Abstract: Civil procedural law has always demonstrated suppleness and flexibility, which means that it easily receives amendments. However, it is for judicial practice to determine whether an amendment is good or not, whether it has achieved its purpose. In the case of the recent amendment to the provisions of art. 666 of the Civil Procedure Code, which moves the approval of the execution of court decisions from the courts of first instance to all jurisdictional levels and which leaves a multitude of practical situations unregulated, practice is easy to anticipate, at least in terms of the problems it will have to solve. Although a relief for the courts of first instance is necessary, we seek to demonstrate that the solution adopted with regard to art. 666 of the Civil Procedure Code is objectively unable to solve this problem and, moreover, it is apt to generate difficulties in interpreting and applying the law that will affect the course of the civil process. This paper seeks to identify the weaknesses of the law, but also to propose alternative solutions, seeking to ease the task of the courts.Civil procedural law has always demonstrated suppleness and flexibility, which means that it easily receives amendments. However, it is for judicial practice to determine whether an amendment is good or not, whether it has achieved its purpose. In the case of the recent amendment to the provisions of art. 666 of the Civil Procedure Code, which moves the approval of the execution of court decisions from the courts of first instance to all jurisdictional levels and which leaves a multitude of practical situations unregulated, practice is easy to anticipate, at least in terms of the problems it will have to solve. Although a relief for the courts of first instance is necessary, we seek to demonstrate that the solution adopted with regard to art. 666 of the Civil Procedure Code is objectively unable to solve this problem and, moreover, it is apt to generate difficulties in interpreting and applying the law that will affect the course of the civil process. This paper seeks to identify the weaknesses of the law, but also to propose alternative solutions, seeking to ease the task of the courts.

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