PPE 4/2025
Czynności asesora komorniczego a granice jego dyskrecjonalności w sądowym postępowaniu egzekucyjnym. Perspektywa teoretycznoprawna
dr Piotr Szczekocki
Katedra Prawa Informatycznego i Zawodów Prawniczych, Instytut Nauk Prawnych Uniwersytetu Marii Curie-Skłodowskiej w Lublinie; ORCID: 0000-0001-5756-3611
ABSTRACT
The Activities of an Assistant Bailiff and the Limits of His Discretion in Judicial Enforcement Proceedings: A Theoretical and Legal Perspective
dr Piotr Szczekocki, Department of IT Law and Legal Professions, Institute of Legal Sciences, Maria Curie-Skłodowska University in Lublin; ORCID: 0000-0001-5756-3611
The article presents an analysis of the legal status of a court enforcement trainee (assistant bailiff) and the activities performed by such a trainee in enforcement proceedings, treated as a distinct process of law application. The following research problem was formulated: do the actions performed by a court enforcement trainee under an authorization granted to them fulfil the criteria of law application by the trainee?
The answer to this question is based on two research hypotheses. The first hypothesis assumes that the enforcement trainee is an entity applying the law. The second posits that the enforcement trainee acts as an entity with limited discretion within the framework of delegated activities. The enforcement trainee, as an entity applying the law (within the scope of the authorization granted) and equipped in certain situations with discretionary powers, may – once the legislator has defined the scope of their powers – effectively support the judicial enforcement officer (bailiff) in performing the tasks entrusted to them, thereby contributing to the efficient, effective and reliable execution of judicial enforcement in Poland.
The conclusions propose a shift from the current position of the enforcement trainee as a “limited-in-competence apprentice or assistant” towards recognizing the role of an independent legal profession whose representatives perform specific statutory functions within judicial enforcement proceedings.
Keywords: court enforcement trainee (assistant bailiff ), activities of the enforcement trainee, judicial enforcement, discretion, law application