II. INTERFERENŢE Un examen critic al recentei propuneri legislative de modificare a art. 666 C. pr. civ. (PL-x no. 594/2024)
II. INTERFERENCES A critical examination of the recent legislative proposal to amend art. 666 C. pr. civ. (PL-x no. 594/2024)

Summary/Abstract: Although, in essence, the legislative draft aims to simplify the procedure for authorizing enforcement, the absence of adequate procedural guarantees and the ambiguous nature of certain provisions may affect the effective protection of the parties' rights, as well as the compliance of the regulation with constitutional requirements. At the same time, the draft departs from the national legal tradition in the field of enforcement, a tradition that has established the role of the court as the guarantor of legality and balance between the interests of the parties, a concept that is well established and deeply rooted in the national legal system. The legislative project under review therefore requires urgent, substantial and rigorously substantiated corrective measures to ensure its constitutionality, effectively guarantee the right to a fair trial and ensure the consistent functioning of the enforcement procedure. At the same time, any regulatory change must fit harmoniously into the architecture and internal logic of the Code of Civil Procedure, without affecting the unity and consistency of the regulation and without ignoring national legal tradition. This critical review was conducted with this in mind.

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