Insolvency proceedings under Law No 85/2006. Recovery of real estate subject to protective measures. Removal of distraints from the land register
Our company has obtained, following the steps taken at the Land Registry and Real Estate Publicity Office, the cancellation of seizures established in two criminal cases in 2008. The company whose assets were subject to the attachment measures was in insolvency proceedings, opened under Law no. 64/1995 and continued under Law no. 85/2006, which were sold at public auction in 2015. However, the successful bidder's efforts to have the distraints removed have not led to a positive result for almost 9 years. Taking over the file, through efficient correspondence with the Land Registry and Real Estate Publicity Office and based on a large number of documents from the criminal and insolvency file, the requests for cancellation of the distraint measures were admitted.
House search. Exception of unconstitutionality. Lack of judicial review of the act by which the search was ordered and of the manner in which the search was carried out.
At our request, the preliminary chamber judge of the High Court of Cassation and Justice - Criminal Division has referred the matter to the Constitutional Court for constitutional review, with the exception of unconstitutionality of Article 158 para. (9) and art. 159 of the Code of Criminal Procedure. As in the case of computer searches, the exception concerns the situation of the person subject to this evidentiary procedure who, during the criminal proceedings or after the closure of the case, is not able to submit to the legality control either the conclusion by which the search was authorised or the manner in which it was carried out. In support of the exception, I have raised the constitutional standard on interference with the right to privacy, as highlighted in particular by Decision No 244/2017, as well as the case law of the European Court of Human Rights and the Court of Justice of the European Union.