Access to justice in environmental matters


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Regarding the enforcement of the rulings issued by the administrative court:

According to Art. 24 paragraph 1, if, following the admission of the action, the public authority is obliged to:

  • conclude, replace, or modify the administrative document,
  • issue another document or
  • perform certain administrative operations.

The execution of the definitive decision of the court will be performed within the time limit stipulated in it, and in the absence of such a term, within no more than 30 days from the date that the decision became final.

However, if the debtor does not voluntary execute his obligation in the term mentioned in the decision of the court or within 30 days after the ruling was issued, it shall be carried out by forced execution[1] (according to the provisions provided by Law no 554/2004). The creditor must make a new request to the first court that tried the case (the execution court) and ask for enforcement of the court decision. The court can impose on the head of the public authority or to the obliged person (debtor) a fine of 20% of the gross minimum wage per household for each day of the delay. This sum will be paid into the state budget, and the plaintiff will be entitled to receive penalties[2]. This means that the plaintiff can ask for an amount of money to be paid daily until the debtor will execute the decision of the court.

If within 3 months[3] from the date of communication of the decision to apply the fine and to award the penalties, the debtor, in a culpable way, still does not execute the obligation stipulated in the enforceable title, at the request of the creditor, the court will fix the amount owed to the state by the debtor and the penalties awarded to the creditor. At the same time, by the same decision, the court will determine[4], the damages that the debtor owes to the creditor for not performing the obligation in due time.

In the absence[5] of the request of the creditor within 3 months after the decision to apply penalties, the civil execution section of the execution court will request from the public authority information regarding the execution of the obligation according to the decision of the court, and if the obligation has not been fully executed, the executing court will determine the final amount that is owed to the state through judgment given with the summons to the parties.

The decisions given according to Art. 24, paragraph (3) and (4) are subject to recourse within 5 days from communication[6]. The head of the public authority can act against those guilty of not executing the decision, according to the common law[7]. If the guilty are public servants or officials, the special regulations apply.

[1] Law no 554/2004, Art. 24, paragraph 2

[2] Art. 906 Civil Procedural Code

[3] Law no 554/2004, Art. 24, paragraph 4

[4] If in the enforceable title it has not been established what amount is to be paid as an equivalent of the value of the good in case of the impossibility of surrendering it or, as the case may be, the equivalent of the damages due in case of non-performance of the obligation “to do” what the personal fact of the debtor implies, the executing court, at the request of the creditor, will establish this amount by decision given with the summon of the parties. In all cases, at the request of the creditor, the court will also consider the damages caused by the non-fulfilment of the obligation, before it becomes impossible to execute.

[5] Law no 554/2004, Art. 24, paragraph 5

[6] Law no 554/2004, Art. 24, paragraph 3

[7] Law no 554/2004, Art. 26

Last update: 26/07/2021

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