Civil processual right. Liability regulated by the provisions of art. 24 of Law no. 554/2004

DREPTUL CONTENCIOSULUI ADMINISTRATIV ŞI FISCAL

Abstract

In the execution procedure regulated by art. 24 of Law no. 554/2004, the court analyzes only whether the documents issued or the operations performed by the public authority comply to the obligations ordered by the enforceable title and, otherwise, if the non-execution of the decision is the effect of a guilty conduct. The liability regulated by the provisions of art. 24 of Law no. 554/2004 functions as a means of restraint in order to obtain the execution of the decision, as a guarantee of the right by the subjects of law to whom it has a certain obligation. By regulation, character and purpose, they necessarily require the hypothesis of non-execution of the final court decision until the moment of consuming all the procesual phases in the litigation that seeks to sanction the head of the public authority.