Ingrădiri ale dreptului la libera circulaţie in procedura de executare silită (II)

Abstract

This investigation is based on the problem whether by applying the prohibition to leave the country towards the debtor it is defied or not freedom of movement. For this purpose, it was analyzed the jurisprudence of the European Court of Human Rights, the Court of Justice of the European Union and the Constitutional Court of Moldova. Therefore, it can be noted that according to European Court of Human Rights jurisprudence, it is recognized that the prohibition of leaving the country may be applied to a debtor in accordance with Article 2 of Protocol 4 of the European Convention on Human Rights as long as it is justified and only for the period that serves to ensure recovery of the debt. Per a contrario, the jurisprudence of the EU Court of Justice pleads for inadmissibility of restriction on the right to free movement within the European Union for consideration that person has a debt to the state or to individuals (natural and/or legal entities). In turn, the Constitutional Court of the Republic of Moldova joined the position of the European Court of Human Rights in the matter investigated, establishing that the prohibition of leaving the country is not an unjustified interference with freedom of movement, guaranteed by the Constitution and the international acts. Finally, the article is focused on another measure of ensuring the execution of the enforcement document able to undermine the right to free movement, namely: the ban on issuance of identity documents.

Keywords

• executare silită
• debitor
• creditor