Post by account_disabled on Dec 31, 2023 8:47:39 GMT
Aas unfounded showing that the criticized provisions do not violate the invoked constitutional provisions. COURT taking into account the documents and the works of the files states the following . By the conclusion of November issued in File no. . the Ploiesti Court notified the Constitutional Court with the exception of the unconstitutionality of the provisions of art. para. of the Civil Procedure Code. The exception was raised by the appellants Ungureanu Ioana and Mocanu Anioara in a case with the object of challenging the execution. . In the justification of the exception of unconstitutionality it is argued that in relation to the criticized text of the.
Law the seized third party cannot challenge the Law as well as the constitutional principle execution although art. para. of the civil procedure code provides that against forced executions decisions given by the bailiff as well as against any act of execution an appeal can be made by those interested or injured by the execution. As a result the rights of the seized third party are violated because he cannot address the court as long as even if he has an interest in promoting a challenge to the execution the law prohibits him the only defenses he can invoke in a request of seizure validation. . The Ploiesti Court considers that the exception of unconstitutionality is unfounded. Through the criticized provisions the legislator understood to offer the seized third party a special way to challenge the execution documents issued against him so it cannot be argued that it is.
A limitation of the right of access to the court. The circumstance that he does not have the possibility to file a challenge to the execution is not likely to violate the provisions of art. and art. of the Constitution as long as in the seizure validation the seized third party has the opportunity to challenge the enforcement documents and exercise all procedural rightsArecognized by law. The exercise of a right by its holder can only take place within a certain framework established by the legislator with the observance of certain requirements to which also the establishment of deadlines after the expiration of which the exploitation of the respective right is no longer possible. . from Law no. the referral conclusion was communicated to the presidents of the two Chambers of the Parliament the.
Law the seized third party cannot challenge the Law as well as the constitutional principle execution although art. para. of the civil procedure code provides that against forced executions decisions given by the bailiff as well as against any act of execution an appeal can be made by those interested or injured by the execution. As a result the rights of the seized third party are violated because he cannot address the court as long as even if he has an interest in promoting a challenge to the execution the law prohibits him the only defenses he can invoke in a request of seizure validation. . The Ploiesti Court considers that the exception of unconstitutionality is unfounded. Through the criticized provisions the legislator understood to offer the seized third party a special way to challenge the execution documents issued against him so it cannot be argued that it is.
A limitation of the right of access to the court. The circumstance that he does not have the possibility to file a challenge to the execution is not likely to violate the provisions of art. and art. of the Constitution as long as in the seizure validation the seized third party has the opportunity to challenge the enforcement documents and exercise all procedural rightsArecognized by law. The exercise of a right by its holder can only take place within a certain framework established by the legislator with the observance of certain requirements to which also the establishment of deadlines after the expiration of which the exploitation of the respective right is no longer possible. . from Law no. the referral conclusion was communicated to the presidents of the two Chambers of the Parliament the.
