Within our legal system, time represents an essential element in establishing, maintaining, or securing our rights, as one may not always have the luxury of waiting months or even years for such a right or obligation to be adjudicated through a full trial on the merits before a court of law.
The law facilitates this process by establishing the framework for „the institution of injunctive relief”, allowing the court, in practice, to swiftly preserve a right or a factual situation, as I shall explain in the following sections
What is injunctive relief?
In accordance with the provisions of Art. 997 and following of the Code of Civil Procedurethe injunctive relief is defined as a provisional protection mechanism, essential for urgent situations, aimed at preserving rights and preventing abuses.
Effectively, this mechanism is the fastest way to secure a court order in urgent matters, bypassing the lengthy process of a full trial on the merits.
Cases where you can apply for a injuctive relief:
Regarding Family Law:
- Determination of the minor’s residence
- Payment of maintenance
- Sole exercise of parental authority
- Judicial authorization in lieu of parental consent for the issuance of a minor's passport
- Parental visitation schedule
Regarding Labour Law:
- Stay of execution of the dismissal decision
- Cessation of abusive acts
- Compelling the payment of monetary entitlements (under exceptional circumstances)
- Stay of execution of a General Meeting (GM) resolution
Other common applications:
- For the protection of Copyright and Intellectual Property (IP):
- Provisional stay of enforcement (in exceptional cases)
- Summary eviction in urgent situations
- Suspension of the release of funds
- Cessation of building activities
Legal requirements for the admission of an injunctive relief application
As previously stated, a Presidential Order may only be issued in exceptional and urgent situations, with the legal framework prescribing the following essential conditions in this regard:
- The Existence of Urgency — the essential element regarding the issuance of a Presidential Order. In practice, urgency must be assessed by reference to the necessity of preserving a right that would be prejudiced by delay, the prevention of imminent harm, or the removal of obstacles that might arise during the execution of a specific activity.
For example, in the event that a minor child is improperly denied contact with one parent by the other, the urgency of the situation is assessed through the lens of the alienated parent's right, as well as the child's right to maintain personal relations with both parents.
- The Provisional Nature - the measures ordered by way of a Presidential Order are not final; instead, they shall remain in effect until the trial court rules upon the underlying legal relationship.
- Non-prejudging of the Merits – practic, în cadrul dosarului privind emiterea ordonanței președințiale, instanța nu va analiza în mod concret și detaliat fondul cauzei, ci își va apleca atenția asupra elementelor care dovedesc dacă partea solicitantă are sau nu aparența dreptului în cauză.
- The Appearance of the Right - as evidenced by the aforementioned points, the claimant must appear, in the court's opinion, to hold a right regarding the subject matter of the case, and their request must indeed require immediate protection.
The duration of litigation concerning „Presidential Order”?
The Presidential Order procedure is characterized, first and foremost, by celerity, as opposed to the resolution of an ordinary case tried on the merits, which can last for years.
The hearing dates are extremely short, depending on the nature of the case and the factual urgency. (Hearings may be scheduled even from one day to the next, if the situation so requires.)
The Order is enforceable by law (meaning it can be executed immediately after the court's ruling), and the deadline for appeal in the event of an unfavorable outcome is extremely short—specifically 5 days.
Conclusion
The Presidential Order is a procedural weapon used in cases of extreme urgency, capable of halting abuses in an remarkably short time, guaranteeing and protecting a party's rights, or even ensuring the safety of minors.
If you find yourself in an urgent situation and wish to ensure the protection of your legal rights, contact me in order to analyze the specific facts of your case and to establish the optimal legal strategy for your situation.
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