PPE 1/2026
Wpływ sądowego obniżenia opłaty egzekucyjnej na finansowanie działalności komornika sądowego
dr hab. Józef Jagieła, prof. UŁ
Katedra Postępowania Cywilnego II, Wydział Prawa i Administracji, Uniwersytet Łódzki; ORCID: 0000-0001-9103-5185
ABSTRACT
The Impact of the Judicial Reduction of the Enforcement Fees on the Financing of a Court Bailiff’s Activity
dr hab. Józef Jagieła, professor at the University of Łódź, Department of Civil Procedure II, Faculty of Law and Administration, University of Łódź; ORCID: 0000-0001-9103-5185
The issue of the judicial reduction of the enforcement fee, as regulated in the Act on Court Bailiff Costs (u.k.k.), has been addressed by both the Constitutional Tribunal and representatives of legal scholarship. These analyses focus primarily on the admissibility and prerequisites for reducing the fee, whereas comparatively little attention has been devoted to the impact of such reduction on the financing of a bailiff’s activity, in particular enforcement operations and the bailiff’s income. This study examines the above issue in the context of the bailiff’s legal status, the sources of financing of the tasks entrusted to the bailiff, and the differentiation of enforcement fees, including those reduced by operation of law. It also presents the negative consequences of reducing the enforcement fee for the functioning of a bailiff’s office and for the bailiff’s income, with reference to the fact that adequate protection of the rights of the party (debtor or creditor) obliged to bear enforcement fees is ensured by the regulations governing limitations on enforcement. In the concluding remarks, a postulate is formulated to repeal Article 48 of the Act on Court Bailiff Costs and thereby eliminate the possibility for courts to reduce the enforcement fee. Alternatively, should this institution be retained, it is proposed by analogy to exemption from bailiff costs (Articles 45 and 46 of the Act on Court Bailiff Costs) to introduce an obligation for the State Treasury to compensate the bailiff in the amount by which
the enforcement fee has been reduced.
Keywords: legal status of the court bailiff, tasks entrusted to bailiffs, costs of bailiff activity, bailiff costs, enforcement fees, reduction of the enforcement fee