Procedura cercetării şi soluţionării acţiunii disciplinare în cazul executorilor judecătoreşti
Procedure of investigation and resolution of disciplinary action in the case of bailiffs

Summary/Abstract: Disciplinary liability of a bailiff arises not only in case of breach of their professional duties established by Law no. 188/2000, the Regulation for the implementation of this law, the Statute of the National Union of Bailiffs and of the bailiff profession, the Civil Procedure Code or other ancillary laws, but also if the facts prejudice the bailiff profession. Even if the regulatory provisions regarding the disciplinary investigation are extremely summary, we should specify that this procedure has an administrative nature, it is not public and not adversarial and should be conducted, according to Article 2 (2) of the New Civil Procedure Code, in compliance with the trial-related and procedural guarantees provided by this law but, at the same time, in compliance with the legal provisions regarding classified information and personal data. Therefore, a bailiff against whom a disciplinary procedure was initiated should be notified of this fact, has the right to know all the acts and works of the file, may submit requests and pleas, may propose evidence for their defence, has the right to be heard and may be assisted by an attorney-at-law. The administrative procedure for resolution of a disciplinary action includes two steps, namely the judgement of the disciplinary action by the Disciplinary Board of the Chamber of Bailiffs and the stage of resolution of the challenge by the Higher Disciplinary Committee, but the latter stage is not mandatory.

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