Considerations on the Admissibility of the Enforcement Appeal Requesting the Reduction or Elimination of the Penalties Established for the Non-Enforcement of a Court Decision Pronounced in the Matter of Administrative Litigation
Considerations on the Admissibility of the Enforcement Appeal Requesting the Reduction or Elimination of the Penalties Established for the Non-Enforcement of a Court Decision Pronounced in the Matter of Administrative Litigation

Author(s): Nicolae-Horia Țiț
Subject(s): Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: enforcement appeal; admissibility; administrative litigation; penalty;
Summary/Abstract: The study analyses the admissibility of the enforcement appeal formulated pursuant to art. 906 para. (5) of the Code of Civil Procedure, in case there have been established penalties for the non-execution in due time of a decision pronounced in the matter administrative litigation, based on art. 24 para. (4) of the Law no. 554/2004. Herein are analysed the common law provisions comprised in the Code of Civil Procedure, their compatibility with the special procedure regulated by art. 24 of the Law no. 554/2004 and the relevant elements of distinction for formulating the conclusions are being highlighted. Arguments from the jurisprudence of the High Court of Cassation and Justice and the Constitutional Court, as well as the opinions expressed in the doctrine, both in civil procedural law and in administrative law, are used for the purpose of the analysis. The conclusions of the study also highlight the manner in which the current regulation could be improved, through de lege ferenda proposals.

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