Presidential Ordinance is regulated by Romanian Civil Procedure Code, being found in art. 997-1,002 and represents a special procedure, under which the relevant court, upon request of interested party, may take temporary measures in urgent cases, to preserve a right that could be damaged by delay, to prevent imminent damage that could not be repaired, as well as to remove obstacles arising during an execution.
Presidential Ordinance procedure is most often used in neighborhood and property relations area, in family relations area, in housing relations area, as well as in forced execution area.
In order for Presidential Ordinance to be admissible, it is mandatory to meet following 3 essential conditions, namely: (1) urgency; (2) temporary nature and (3) non-judgment merits.
Court’s decision issued in presidential ordinance matters is enforceable, meaning it can be enforced, upon plaintiff’s request, in which case court may decide that enforcement be carried out without a summons or without term passage.
