Projekt stanowiska Sejmu w sprawie o sygn. akt P 3/141

• Authors: Andrzej Herbet

Title variants

EN

Sejm draft position on the case Ref. No. P 3/14 (BAS-WPTK-341/14)

Abstracts

EN

In the proposed draft position the author points to the incompatibility with the Constitution of Article 51 para. 1 subpara. 3 of the Act on Court Bailiffs and Enforcement insofar as it does not provide for a separate fixed fee rates for emptying the dwelling of the things or people in a situation in which the debtor, after being given notice by a bailiff, has voluntarily performed the obligation within the prescribed time period. The author points out that the definitive reason for finding the unconstitutionality of the provision in question is an internal inconsistency of the mechanism for determining the amount of an enforcement fee, the results of which are contrary to the basic principles of law and the structure of such proceedings as provided for in the Code of Penal Procedure, and at the same time violates the rights of the debtor, discouraging him, in fact, from voluntary performance of the obligation. In the author’s view, proceedings should be discontinued in relation to Article 51 para. 2 of the Act on Court Bailiffs and Enforcement, the remaining scope of the question of law should be left unexamined.

Keywords

EN

bailiff; costs; enforcement procedure; Constitutional Tribunal

• Publisher: Kancelaria Sejmu / Chancellery of the Sejm
• Journal: Zeszyty Prawnicze BAS
• Year: 2015
• Issue: 2(46)
• Pages: 215-233

Dates

published

2015

Contributors

author

Andrzej Herbet

• Katolicki Uniwersytet Lubelski Jana Pawła II

Identifiers

Biblioteka Nauki

2223694