The Constitutional Court declared unconstitutional Article 73 of the Execution Code that refers to the bringing of the debtor before the bailiff by force. The decision was taken after Livia Mitrofan, judge of the Centru branch of the Chisinau City Court, raised the exception of unconstitutionality, IPN reports.
The Court held that Article 73 of the Execution Code provides that if the debtor does not appear before the bailiff on the second request of this, the court orders forced bringing. The forced bringing of the debtor implies the application of measures of constraint contrary to the person’s will and makes the constitutional norms concerning the individual freedom stipulated in Article 25 of the Constitution incidental.
The Court held that the provisions of Article 73 represent preconditions of the constraining of the debtor’s right to freedom. In this case, the forced bringing of the debtor before the bailiff does not contribute to the achievement of the goal pursued by the execution procedure. The goal of the procedure defined in Article 73 of the Execution Code is to familiarize the debtor with the documents of the bailiff so as to realize the rights of other persons and the interest of guaranteeing the authority of justice. After these are made known, the debtor presumably knows about the given documents and the forced bringing before the bailiff for being informed is useless.
The decision is definitive, cannot be challenged, takes effect when it is adopted and is published in the Official Gazette.
