CONSIDERAȚII PRIVITOARE LA ORGANELE REPREZENTATIVE ALE EXECUTORILOR JUDECĂTOREȘTI, MANDATUL ȘI DEMITEREA REPREZENTANȚILOR ACESTORA, NATURA JURIDICĂ A
CONSIDERATIONS ON THE REPRESENTATIVE BODIES OF JUDICIAL BAILIFFS, THEIR REPRESENTATIVES’AUTHORITY AND DISMISSAL, JUDICIAL NATURE OF NATIONAL UNION OF

Summary/Abstract: In the current legal context, the judicial bailiffs’ activity is regulated by Law no. 188/2000 regarding judicial bailiffs, which provides the judicial background for exercising the profession of judicial bailiff, a professional category which, by rendering a public service provides and guarantees the observance of one of the litigant’s basic rights, respectively the right to request the enforcement of final and irrevocable judgments, a component of the right to a fair hearing guaranteed by the European Convention of Human Rights and the Constitution of Romania, as republished. Regarding the enforcement of this law, by Order of the Minister of Justice no. 210/2001, as subsequently amended and supplemented, the Regulation of the enforcement of Law no. 188/2000 regarding judicial bailiffs was approved, as subsequently amended and supplemented, and regarding the enforcement of article 28 of Law no. 188/2000, the National Union of Judicial Bailiffs adopted on June 12, 2001 the Statute of National Union of Judicial Bailiffs and of the judicial bailiff profession, as subsequently amended and supplemented. As far as concerns the representative bodies of judicial bailiffs, according to art. 93 of the Regulation of the enforcement of Law no. 188/2000, they are represented by the National Union of Judicial Bailiffs at the national level, and by the Chamber of the Judicial Bailiffs at the territorial level, in the jurisdiction of each court of appeal. Starting from the above mentioned regulations in the matter, this study proposes an analysis of the provisions set forth in these normative acts related to the election of the President and of the Vice Presidents of the National Union of Judicial Bailiffs, the authority and dismissal of the representatives of the National Union of Judicial Bailiffs, the judicial nature of the National Union of Judicial Bailiffs, the dismissal of the President or of the Vice Presidents of the National Union of Judicial Bailiffs, as well as of the remedies at law which may be enforced against the orders adopted by the management bodies of the National Union of Judicial Bailiffs.

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