COVID-19. The suspension of the execution does not operate in the legal field

Through the Decree no. 195, regarding the state of emergency on Romania’s territory, some certain measures have been established, including on the justice department, to be more specific, the temporary reduction of the activity held by the judicial body. That being said, during this undetermined period of time, businesses concerning the field of justice have also been affected.

According to the 42nd art. , paragraph (5), from the previous mentioned decree, the forced execution activity will proceed only  if the rules of health discipline, established through the orders of the National Committee regarding Special Situations of Emergency, are being followed and respected, with the purpose of protecting the rights to the life and physical integrity of the participants involved in forced execution.

In this context, Romania’s Government has adopted OUG no. 29/2020, published in the Oficiall Monitor, Part 1, no. 230 from 21.03.2020, regarding some economical and fiscal measures.

According to art. VII, paragraph (3), from the same enactment, the forced execution measures are being suspended or they are not starting at all, that is made possible by stopping the budgetary claims. There is, however, an exception which is applied to the forced executions concerning the reclamation of the budgetary claims, those being  established through court decisions pronounced in criminal matters.

That being taken into consideration, the applicable provisions to special cases of forced executions mentioned in Cap. XII from the Law no. 207/2015 regarding the Code of Fiscal Procedure, remain in force.