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  1. 1 Misztal-Konecka J.

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  1. 1 2019

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Wytknięcie rażącej obrazy przepisów w ustawie z dnia 22 marca 2018 r. o komornikach sądowych

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Misztal-Konecka J.
Forum Prawnicze
|
2019
|
issue 1 (51)
38–52
EN
The Act of 22 March 2018 on Court Bailiffs introduced to the system provisions regulating the profession of court bailiffs the institution of reproach for a flagrant violation of the law. This institution derives from the Law on the Organization of Common Courts, but the lawmaker opted for extensive modifications in com- parison to the original source: the ground for issuing a reproach is a flagrant violation of the law by the bailiff, and the only competent authority to issue it is the district court. Even though the imposition of this sanction affects, among other things, eligibility to serve as a bailiff-inspector or member of a disciplin- ary board, has to be disclosed on the roll of bailiffs kept by the National Bailiff Council, is binding in disciplinary proceedings and affects the severity of the penalty imposed in them, the affected bailiff has no legal recourse to challenge the reproach. The opportunity to present the district court with an explanation can hardly be regarded as a sufficient remedy to deal with an unfounded reproach
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