Administrative Supervision of the Minister of Justice over the self-government of bailiffs under the new Act on Court Bailiffs

Abstract

On 22 March 2018 Sejm of the Republic of Poland enacted the Act on Bailiffs. On 1 January 2019 this act will partly substitute the present regulation on bailiffs and execution from 29 Semptember 1997. The new law regulates supervision over bailiffs and their self-government. However, it does not introduce any significant changes to the means of supervision. Supervision competences are given to the Minister of Justice. The new law anticipates a wide range of control measures given to the Minister of Justice such as determining the obligation to inform the Minister about the acts passed by self-government bodies. Furthermore, the new act gives legal basis to the use of corrective measures. However, their application will demand cooperation of the Minister of Justice and the Supreme Court. This regulation improves legal framework in terms of the supervision over the self-government of bailiffs, but a range of legal errors, present also in the current regulation, was not avoided.