THE DECISION OF THE CONSTITUTIONAL COURT NO. 473 OF 21.11.2013 REGARDING THE EXCEPTION OF UNCONSTITUTIONALITY OF THE PROVISIONS OF ART. 659 PARAGRAPH 3 FROM THE CIVIL PROCEDURE CODE

The Constitutional Court has admitted the exception of unconstitutionality raised by the Ombudsman regarding the provisions of Art. 659 paragraph 3 of Law no.
134/2010 regarding the Civil Procedure Code.

The criticized legal text and declared entirely unconstitutional, being ineffective, was regulating the prerogative of the Public Ministry to carry on the necessary diligences in order to find
the useful information for the judicial executor for the identification of the public or private entities to which the debtor has opened bank accounts, investments securities, any financial participation in the founding of companies, government securities, treasury bills or other such securities enforceable.
The Constitutional Court appreciated that the provisions are unclear and with lack of predictability, creating the false impression that the Public Ministry is under the control of bailiff within the enforcement phase of the process, and do not regulate the procedural means by which the prosecutor would dispose or his territorial jurisdiction.

Published in the Official Journal of Romania no. 30 of 15.01.2014
Issuer: the Constitutional Court of Romania