The Constitutional Court declared the omission of the provision of a voluntary execution period for paying maintenance allowance unconstitutional following a challenge filed by lawyer Aureliu Scortescu. In such conditions, Parliament is to regulate the voluntary execution periods in case of court judgments. The Court ruled that in order to exclude an excessive task on the debtor, the periodic collection of the honorarium by the bailiff should be regulated simultaneously with the monitoring of the payments made by the debtor, IPN reports.

Examining the materials of the case and the arguments of the parties, the Court held that the debtor is obliged to execute a court judgment. If this does not voluntarily fulfill this obligation, forced execution is applied through the bailiff. Under Article 15 of the Execution Code, the execution decision concerning maintenance allowance is passed by the court. At the same time, under Article 10 of the same Code, forced execution occurs if the debtor does not voluntarily fulfill the obligations.

When being issued by court with the execution decision, the debtor cannot voluntarily implement the decision before the initiation of forced execution and this runs counter to Article 10. As a result, the execution costs collected by the bailiff are automatically made the burden of the debtor and this is an excessive task that affects the debtor’s property and right of ownership guaranteed by the Constitution.

Until Parliament regulates the voluntary execution periods, the debtors will be given a period of 15 days for voluntary execution before issuing the forced execution document.