The judicial and enforcement proceedings regarding the presiding judge’s order Cover Image
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Procedura judiciară și de executare silită privitoare la ordonanța președințială
The judicial and enforcement proceedings regarding the presiding judge’s order

Author(s): Vasile Bozeşan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: presiding judge’s order; ECHR; suspension; enforcement; urgency;

Summary/Abstract: During the preliminary ruling proceedings, such as those subject to the adoption of a provisional measure such as the presiding judge’s order, the applicability of art. 6 of the Convention depends on the fulfilment of certain conditions.In the light of the regulations of the new Code of civil procedure, the provisional suspension of the enforcement proceedings under the presiding judge’s order is excluded. The urgent nature of the special procedure of the presiding judge’s order resulting in the adoption of certain provisional measures for the claimant, has to be duly considered and ensured as well, during the enforcement stage of the presiding judge’s order.

  • Issue Year: 2016
  • Issue No: 2
  • Page Range: 138-146
  • Page Count: 9
  • Language: Romanian