Court executors will have more power

The draft brings modification to the Civil procedure code, hoping to solve the problems our country had with enforced execution. For now, this draft has no legislative support, it is undergoing talks, and it is unknown when its approval takes place. The new draft law will eliminate the formalities for the endorsement of the court for the start of enforced execution, procedure accused of slowing the performance of the execution. Likewise, the draft proposes to increase the fines inflicted on executors who refuse to start the enforced execution procedures. Another novelty is that the court executor may request the debtor to provide a written statement regarding his income and goods. The refusal to provide such a statement or provision of false statements represents an infraction and will be punished according to the penal law. The government must find solutions to solve the biggest issue in the field: lack of celerity (rapidity of the court act). Thus, the court order can last 6 to 8 months, since appeal and recourse may be filed too. After the decision of enforced execution, the debtor may submit a contestation whose analysis might be extended to up to two years. When all formalities are effectuated, the actual execution might last very long, depending on the preferences and attitude of the court executor. Several executors welcome the proposition of the government regarding the elimination of the “endorsement of the execution”, which they find to be useless. Another problem is the one regarding the statute of the special executors, who are like court executors, but work by other rules. These are the budgetary executors of the Revenue commission, bank executors and cooperation system executors. Special executors are not paid as they should be, since they are simple employees of the institutions they work at, and they don’t have the success fee they court executors are paid. In the opinion of court executors, here should be a competition on this “market”, since at present an executor may refuse or tergiversate upon an execution. If there are more, they won’t afford turning down the execution, since that would mean the close-down of the cabinet, for lack of activity.

“Simplifying the procedures is what we want and we have made steps for this. We sent several letters and we have drawn the attention of the Ministry of Justice that the executor must be participant in the court act and must be supported as much as possible in the ability to perform the execution. In Germany, they have an extraordinary power, not that we wanted to reach the same level, but at least we should get closer to the methods they use since they are efficient and people are satisfied with them. As for the approval of the draft, it’s unknown when it is approved, and in the context of our legislation, it will take quite a while. Probably executors are to be abridged of a certain power, by the initiative of businessmen who are also politicians and debtors, and they only see to their interest and not to that of the population.” Eugen Huruba, vice-chairman of the Chamber of Court Executors in Targu Mures

Vlad ZAHARAGIU