Enforcement of European Court of Justice Judicial Decision

Author:Gheorghe Dinu, Diana Dinu
Pages:41-45
 
FREE EXCERPT
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
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

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