PPE 7/2023
Analiza uprawnień i wzajemnej relacji organów nadzorczych nad komornikiem sądowym oraz charakter jego odpowiedzialności dyscyplinarnej – zarys problemu
Jakub Bródka
student IV roku prawa na WPiA Uniwersytetu Gdańskiego; ORCID: 0000-0002-1504-5119
Dowiedz się więcejABSTRACT
Analysis of Rights and Mutual Relations of Authorities Supervising a Court Bailiff and the Character of
a Court Bailiff ’s Disciplinary Liability – Outline of the Problem
This article discusses functional relations between (judicial, administrative and corporate) supervision over a court bailiff’s activities and the disciplinary liability of the enforcement authority. The author presents an opinion that the material scope of supervision over a court bailiff is mutually coinciding and overlapping, as a result of which the court bailiff’s assessment is not permanent given a possible different approach of another authority, which has a negative impact on court enforcement procedures. The second part of the article focuses on issues concerning the character of liability for disciplinary tort of an enforcement authority and pays special attention to the problem of setting liability limits and to a high degree of discretion in disciplinary measures taken by the Minister of Justice. The author is of the opinion that disciplinary regulations must be defined more precisely and that the separation of supervisory authorities should be strengthened. In turn, overlapping competences of various authorities within various procedures should be eliminated as much as possible.
Keywords: disciplinary procedures, a court bailiff, disciplinary liability, professional ethics of a court bailiff