Închiderea procedurii de supraveghere de către comitetul de miniştri cu privire la grupul de cauze „RUIANU” – obligaţiile pozitive ale statului în legătură cu executarea hotărârilor între persoane private. Cauza CIOCODEICĂ c. României (cererea nr. 27
Closing the supervision procedure by the committee of ministers as regards “RUIANU” group of cases – the positive obligations of the state in relation to the enforcement of the judgments between private persons. Cause CIOCODEICĂ v. Romania

Summary/Abstract: By the judgment delivered on 17 June 2003 in case Ruianu v. Romania, the European Court of Human Rights acknowledged that, in that case, the Romanian authorities had not been taking the necessary steps for the purpose of enforcing a final and enforceable court ruling for more than 8 years, and therefore, they left the provisions of art. 6 paragraph 1 of the Convention ineffective. Almost 15 years later, both the Committee of Ministers, and the Court acknowledged that the current procedural safeguards represented an adequate mechanism ensuring the observance of the rights guaranteed under art. 6 of the Convention. Therefore, the judgment in case Ciocodeică represents a true legal event, from several different angles: first, the completion of a major supervision chapter, in a very disputed field from the judicial point of view such as enforcement, especially in relation to the “private” enforcements, is a success itself; secondly, the checks carried out by the Court have not only aimed at the legislation in the enforcement matter, but also at the legal framework relating to the public legal aid and the laws of the bailiff’s profession; third, the judgment provides for a panoramic view of the relevant laws and practice, both in the light of the new regulation, and of the previous regulation. Although certain findings are almost subject to criticism, this judgment marks an important benchmark for the domestic legal and legislative system, and therefore, it is important to be known for courts, lawyers, bailiffs and parties.

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