The Effects of the Preliminary Reference to the Court of Justice of the European Union Concerning the Course of the Forced Execution Proceedings

Romanian Review of Compulsory Execution no. 3/2014

9 Pages Posted: 25 Sep 2017 Last revised: 24 Sep 2017

See all articles by Daniel Mihail Sandru

Daniel Mihail Sandru

Center for European Legal Studies, Legal Research Institute of Romanian Academy

Constantin-Mihai Banu

Center for European Legal Studies, Legal Research Institute of Romanian Academy

Dragos Calin

Romanian Academy - Center for European Legal Studies, Legal Research Institute; Bucharest Court of Appeal

Date Written: February 6, 2015

Abstract

English Abstract: This article aims to analyse the problems that can arise from the application and interpretation of the European Union law, especially if the national court decides, under the new Code of Civil Procedure, a preliminary reference to the Court of Justice in the forced execution phase. In particular, the article will attempt to define the action of the principle of procedural autonomy and the influence thereof on the suspension of judgment, as well as the effects on the suspension of the course of the forced execution proceedings.

Note: Downloadable document is in Romanian.

Keywords: the Court of Justice of the European Union, preliminary reference, the suspension of the course of the forced execution proceedings, procedural autonomy.

Suggested Citation

Sandru, Daniel-Mihail and Banu, Constantin-Mihai and Calin, Dragos, The Effects of the Preliminary Reference to the Court of Justice of the European Union Concerning the Course of the Forced Execution Proceedings (February 6, 2015). Romanian Review of Compulsory Execution no. 3/2014, Available at SSRN: https://ssrn.com/abstract=2561257

Daniel-Mihail Sandru (Contact Author)

Center for European Legal Studies, Legal Research Institute of Romanian Academy ( email )

Calea 13 Septembrie nr. 13, sector 5
Bucuresti, 050711
Romania
+ 40726999706 (Phone)
+40213188130 (Fax)

HOME PAGE: http://www.csde.ro

Constantin-Mihai Banu

Center for European Legal Studies, Legal Research Institute of Romanian Academy ( email )

Dragos Calin

Romanian Academy - Center for European Legal Studies, Legal Research Institute ( email )

Calea 13 Septembrie nr. 13, sector 5
Bucuresti, 050711
Romania

Bucharest Court of Appeal ( email )

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