Disputes During the State of Emergency (3)

Are the court enforcement officers working in this period?

Cristian Bran (court enforcement officer), Adina Jivan and Cosmin Vasile are debating about the way in which the enforcement activity is being carried out during the State of Emergency.

“To the best of my knowledge, the great majority of the offices of the court enforcement officers at the level of the Bucharest Chamber are working”, Cristian Bran, court enforcement officer, President of the Court Enforcement Officers’ Chamber attached to the Bucharest Court of Appeal, stated. And it is natural that they are working, he says, because the activity cannot be impaired for several reasons: the legislation regulating the activity sets forth, among other, that, if a court enforcement officer, regardless of their reasons, cannot be present at their office and, implicitly, cannot prepare the enforcement deeds for a period of minimum five business days, the Managing Committee of such Chamber must ensure the continuation of their activity, replace such court enforcement officer. The activity of court enforcement officers is an operative one, in the conditions in which, based on several decisions of the Constitutional Court, it has been stated that court enforcement officers are an auxiliary of the courts of law.

“If we have in view also the pertinent ECHR legislation, which provides that enforcement should be characterized by celerity and, last, but not least, by finality, there are sufficient arguments leading to one conclusion: we have to be at the office”, Cristian Bran said.

“Disputes During the State of Emergency” is a series of debates organized by ZRVP in partnership with Bizlawyer, on the challenges triggered by the functioning of institutions and disputes during the State of Emergency, which situation gets out of the usual pattern of the functioning of the rule of law and judicial power.