Previzibilitatea admiterii unei excepții de neconstituționalitate: încuviințarea executării silite potrivit Legii nr. 138/2014 pentru modificarea și completarea Legii nr. 134/2010 privind Codul de procedură civilă, precum și pentru modificarea și com
Predictability of the admission of a plea of unconstitutionality: approval of the enforcement according to the Law No 138/2014 amending and supplementing the Law No 134/2010 on the Civil Procedure Code, as well as amending and supplementing some rela

Summary/Abstract: The article analyzes the changes brought in the matter of approval of the application for enforcement. In the Civil Procedure Code of 1865, the enforcement court had jurisdiction over the approval of the application for enforcement. By the Law No 459/2006, this jurisdiction has been changed and the power to approve the application for enforcement has been recognized to the court executor. By the Decision of the Constitutional Court No 458/2009, this change was declared unconstitutional and it was restored the approval of the application for enforcement by the enforcement court. By the Law No 134/2010, that is the new Civil Procedure Code, it has been preserved the approval of the enforcement by the enforcement court, however, by the Law No 138/2014, it was restored the form declared unconstitutional. Therefore, we have considered as being predictable the admission of the plea of unconstitutionality of the provisions of Article 666 of the Civil Procedure Code, by the Decision of the Constitutional Court No 895/2015. Following the Decision of the Constitutional Court No 895/2015, it has been adopted the Government Emergency Ordinance No 1/2016, which reinstated to the jurisdiction of the enforcement court the approval of the enforcement applications. In our opinion, the legal and correct solution is the approval of the enforcement by the enforcement court.

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