REFLECTAREA JURISPRUDENȚEI CURÞII EUROPENE A DREPTURILOR OMULUI ÎN MATERIA EXECUTĂRII SILITE
REFLECTION OF THE EUROPEAN COURT OF HUMAN RIGHTS CASE LAW IN THE MATTER OF ENFORCEMENT

Summary/Abstract: The incidence of Article 6 of the European Convention on Human Rights in the matter of enforcement has been acknowledged constantly by the Strasbourg Court, which has assessed that the enforcement of the decision issued by a court is integral part of the “notion of trial”. The Court has established that the right to the enforcement of final decisions does not involve the State’s obligation to ensure the actual enforcement of each decision in civil matters no matter the circumstances. It is the responsibility of each contracting State to create an adequate and sufficient legal arsenal in order to ensure compliance with the positive obligations falling upon it. The Court’s task is only to examine if, in the actual case, the actions taken by the State authorities, in the domestic legal framework, were adequate and sufficient for meeting the purpose intended. In case the obligation found by the enforcement order falls upon the State or a public authority itself, the European Court of Human Rights has noted, in its case law, on the one hand, that it is excessive to request the creditor to start the enforcement procedure against the State or the public authority. On the other hand, unlike the enforcement against a private person, the Court does not acknowledge to the State and to its authorities the possibility of insolvency as reason for refusal or delay in enforcement.

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