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

Abstract

This article is dedicated to analysis of questionable limitations of the right to free movement in the enforcement procedure in Republic of Moldova through the judicial framework, judicial practice and doctrinal approaches. The first part of the study reveals that exercising the right to freedom of movement can not be subject to restrictions than those which are prescribed by law and are necessary in a democratic society for national security, public safety, public order, prevention of crime, protection of health or morality, or for the protection of other people rights and freedoms. The right of free movement can be res tricted in the enforcement of judgements in civil procedures also, if it is disposed: ban on leaving the country, the ban on issuance of identity documents and forced bringing of debtor. Also, attention is focused on revealing the legal essence and conditions of disposing ban on leaving the country to the debtor. Not least, it is noted that the involvement of the court in the process of limiting the right to free movement by restricting leaving the country comes to guarantee a balance between the general purpose of enforcement proceedings, which consists in the right of the creditor recognized by an enforceable document and the debtor’s right to move freely.

Keywords

• dreptul la libera circulaţie
• executare silită