Part III

Evelina OPRINA, Ph.D. in Law, Lecturer professor, Theoretical and Practical Matters regarding the Approval of Enforcement
The purpose of the approval of the enforcement procedure is to examine the lawfullness and truthfullness of the claim for enforcement, during which the enforcement court will make a series of verifications regarding the jurisdiction to resolve the claim, the existence of the enforcement order and its lawfullness, the statute of limitations within which the creditor may file the claim for enforcement, the unquestionable, liquid and matured nature of the claim, the capacity of parties to the enforcement procedure etc.

The restoration of the approval of enforcement procedure, following the amendments of the provisions of art. 373, paragraph 1 of the Civil Procedure Code by the Government Emergency Ordinance no. 42/2009 will only result in an unjustified delay in the enforcement procedure, as long as any procedural irregularity could be repaired by means of the challenge to enforcement, thus ensuring full compliance with the principle of separation and balance of powers.

Keywords: enforcement, creditor, debtor, Constitutional Court, ruling, challenge of enforcement, foreign judgements

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