Enforcement of European Court of Justice Judicial Decision

• Author: Gheorghe Dinu, Diana Dinu
• Pages: 41-45

Enf

1

Spiru Haret University

2

Bar Asso

Abstract:

The paper aims at high

The enforcement of international

jurisdiction. These courts do

not

of decisions enforcement, havin

community nor the public opinio

European Court of Justice is diff

the enforcement of judicial dec

ju

dicial decisions are enforceable

Law provisions require

amendm

governed by the rules of civil pr

fulfilling other formalities

but ve

national authority designated for

Keywords: enforceable title;

tim

1. The Decisions’ Enforcemen

Obtaining a favorable judicial d

purpose, because the adversary

apply the judicial decision. Whe

procedure wherein the coercive fo

The international judicia

l decisio

state jurisdiction. The internatio

because of the state sovereignty;

the enforcement of international d

Different is the situation of the

benefits of an efficient execution

EC Treaty, the decisions of ECJ

to the decision, without any furth

in force in the State in the territo

Enforcement of European Court

of Justice Judicial Decision

Gheorghe Dinu

1

,

Diana Dinu

2

sity of Constantza, Faculty of Law and Public Admi

avocatdinu@avocatdinu.ro

ssociation Bucharest

, avocatdinu@avocatdinu.ro

ighlighting the steps in enforcing European Courts of Justice j

nal courts judicial decisions is the most difficult and trapping s

ot have the opportunity to

engage directly with their o wn bod

ving to overcome the b arrier

of states sovereignty; neither

nion have powers to lead to enforcement o

f international judgm

different, as i t has developed a role for the national judicial sy

ecisions. According

to article 244 187) of the Treaty, Euro

ble.

Thus they acquire the status of

enforceable; however Eur

dments from the nation al legal order of Member States.

Enfo

procedure

of the State in question.

Decisions are appended as

t verifying the authenticity of the title, i.e. that

they are issue

for that purpose by the government of each Memb

er State.

time

-limits; judicial periods

ent

l decision does not imply necessarily the fulfillm

ry part may persist in its

pretentions and behavio

hen we speak about the internal law system, th

e force of the state is applied and the decision is enfo

ision enforcement poses different problems when

tional courts cannot be directly implied in the e

ty; neither the public opinion nor the states assemb

al decisions.

he European Court of Justice, in its quality of sup

ion system. According to the provisions of the arti

J are enforceable along of the order of enforcemen

rther formality.

Enforcement is governed by the rul

ritory

of which it must be carried out. The order fo

Legal Sciences

41

ministration,

e judicial decisions.

g stage for interstate

odies in the process

er the international

gments.

The case of

l system in securing

ropean Community

uropean Procedural

nforcement shall be

as binding (without

ued by ECJ) by th e

illment pg the general

ior and may refuse to

there is the execution

nforced.

n coming to the inter

-

e enforcement process

mbly

can contribute to

supra

-national court, it

article 244

(187) of the

ent which is appended

rules of civil procedure

r for its enforcement is