Negative conflict of jurisdiction. Objection to enforcement - appeal. Writ of execution delivered in the labour dispute. Jurisdiction of the section specialized in hearing labour disputes

DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

Abstract

As long as the actual objection to enforcement has not always as a strict object to verify the lawfulness of the enforcement itself and the review of the lawfulness of enforcement proceedings, but of the defence on the merits, such a request falls within the jurisdiction of 
the specialized court. 
Within the objection to enforcement and the appeal in this case, the obligations and rights established under the writ of execution - delivered in a labour dispute - their certain, liquid and due nature, the holders of rights and obligations shall be challenged, and judgments are made in relation to the merits of the rights established under a writ of execution, therefore, substantive issues are put into question, aiming at the possibility of enforcement  of the obligations established under a writ of execution, and these issues need a specialized analysis, which falls within the jurisdiction of the specialized section. 
These issues invoked by the parties shall be established in defence on the merits regarding a specialized legal relationship specific to labour law disputes and these are not only procedural issues, and therefore, the jurisdiction rests with the specialized section.