România la CEDO în anul 2015 în materia executării silite
Romania at the ECHR in the year 2015 in the matter of enforcement
Author(s): Vasile BozeşanSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: enforcement; breach; decision;
Summary/Abstract: The convictions imposed on the Romanian State during 2015 were generated in more than 40 claims and they were related to the breach – by failure to adequately enforce the decisions of the domestic courts – of the right of access to the court, of the right to respect for private and family right and of the ownership right, and the Romanian State shall also be obliged to pay an amount exceeding EUR 140,500, by way of non-material damages and costs. In other cases, on a subsidiary basis – for the case of non-performance of the payment provided in the domestic writs of execution –, the Romanian state was obliged, by way of just satisfaction, to pay the amount of EUR 2,350,000 representing the material damage for breaches found in the previous years in the matter of enforcement of certain domestic judicial decisions.However, the solutions of inadmissibility were not lacking in relation to certain claims for various reasons regarding the abusive or obviously unfounded nature of those claims, the non-exhaustion of domestic remedies, the loss of the capacity as victim, the justified delays or the existence of certain objective impossibilities upon enforcement.
Journal: Revista Română de Executare Silită
- Issue Year: 2015
- Issue No: 4
- Page Range: 77-92
- Page Count: 16
- Language: Romanian
- Content File-PDF