PPE 4/2025
Naruszenie dóbr osobistych przez komornika sądowego przy wykonywaniu czynności urzędowych
Joanna Biernacka
komornik sądowy; ORCID 0000-0003-4018-3262
ABSTRACT
Infringement of Personal Interests by a Judicial Officer in the Performance of Official Activities
Joanna Biernacka, judicial officer; ORCID 0000-0003-4018-3262
The actions of a judicial officer undertaken in the course of enforcement and security proceedings, although very often deeply interfering not only with the ownership rights (ownership) of the participants in the proceedings, but also with the private and family life and personal rights of the participants in the proceedings, do not have to be illegal actions. The legislator guarantees the judicial officer freedom of expression when performing his official duties. Determining the limits of a judicial officer’s freedom of expression when performing his official duties in enforcement and security proceedings requires balancing two legally protected goods – the personal rights of a participant in the proceedings and the effectiveness of the enforcement of court decisions. This article attempts to look at the problem of freedom of expression – speech and writing – of a judicial officer when performing official activities from various perspectives. The protection of the personal rights of a party, a participant in the proceedings or a third party whose legally protected personal rights may be violated by a judicial officer, as well as their rights and the manner of their implementation will be discussed. It also presents the protection measures that a judicial officer can take in connection with such claims being made against him. The article is an attempt to determine the limits of a judicial officer’s freedom of expression when performing his official duties.
Keywords: judicial officer, freedom of expression, personal rights, infringement, official activities