Practical guide for companies: bank garnishment, attachment (insurer and enforcement), distribution of amounts and order of preference among creditors. In debt collection, the difference between „I have an enforceable title” and „I have actually recovered my money” is often a procedural one. It is not enough to initiate the enforcement; you must choose the appropriate instrument (bank garnishment, real estate attachment, […]
Continue Reading
Executive summary (one sentence) The Romanian Insolvency Law provides for a special regime for the «insolvency of the group of companies» that aims at coordinating the proceedings of the members of that group (separate files, but cooperation mechanisms, the possibility of appointing a common practitioner and concrete substantive effects such as the subordination of intra-group claims), and in cross-border cases coordination can also be achieved through Community instruments […]
Continue Reading
Brief Introduction Many applications to the European Court of Human Rights are declared inadmissible for procedural or jurisdictional reasons. Verification of the form, deadlines, and exhaustion of internal remedies is essential before filing. The Court’s official sources frequently list and explain the errors made by applicants and representatives; the following observations summarize those errors and offer solutions […]
Continue Reading
The essential legal framework: Administrative Litigation Law No. 554/2004 explicitly defines the relevant concepts: „non-resolution within the legal timeframe of a request” = no response within 30 days, unless the law provides for a different timeframe, and „unjustified refusal to resolve a request” = explicit, excessive use of power to refuse to resolve the request; both can […]
Continue Reading
In administrative litigation, an HCL is, as a rule, an „administrative act” within the meaning of Law no. 554/2004 (a unilateral, individual or normative act issued by a public authority, which produces legal effects). From this it follows that HCLs are usually challenged in administrative litigation, in compliance with different rules depending on the nature of the HCL: normative (general rules, applicable […]
Continue Reading