PPE 7/2022
Odwołanie komornika z zajmowanego stanowiska – praktyczne aspekty
Marta Pawłowska
uczestniczka prawniczego seminarium doktorskiego w Akademii Leona Koźmińskiego w Warszawie; prawnik w kancelarii komorniczej; ORCID: 0000-0003-2430-1919
Dowiedz się więcejABSTRACT
Dismissal of a Bailiff – Practical Aspects
The article presents the broad subject matter relating to the long-term replacement of a bailiff due to his dismissal after he becomes 65 years old. First of all, general premises have been presented with regard to appointing a long-term replacement. Next, the author focused on the issue related to the dismissal of a bailiff under art. 19(1)(2) of the Act on bailiff costs. The regulation, even though it has been in force for three years already, still raises numerous controversies and has become a reason for discussions, both in literature and judicature. As a result of such changes, numerous bailiffs have appealed against decisions of the Minister of Justice with regard to their dismissal from office due to turning 65. Considerable doubts have arisen in this regard, both based on the regulations of the Constitution of the Republic of Poland and the Act on old-age pensions and pensions paid by the Social Insurance Institution (ZUS). Such problems have been discussed in the article, due to the lack of accurate regulations.
Keywords: long-term replacement, dismissing a bailiff, retirement age