- Tytuł:
- Izba Komornicza jako strona w postępowaniu o powołanie komornika
- Autorzy:
- Mioduchowski, Andrzej
- Powiązania:
- https://bibliotekanauki.pl/articles/2151244.pdf
- Data publikacji:
- 2017
- Wydawca:
- Instytut Studiów Międzynarodowych i Edukacji Humanum
- Tematy:
-
Voivodship Administrative Court
appeals from lower administrative courts
Supreme Administrative Court - Opis:
- There are often situations when the Chamber of bailiffs submit motions to the Voivodship Administrative Court (VAC) that challenging decisions of the Minister of Justice, concerning the appointment of new county court officers. The Council of the Chamber of Bailiffs believes that it has the status of a party in such proceedings, noting that the standing local government decision should be sought in the provisions regulated the scope of its activities, as well as in the court rules. Chamber of bailiff activities in the country have benefited from this privilege to a limited extent, challenging the individual cases of the creation of new posts a bailiff. The Council of the Chamber of Bailiffs in the arguments of their appeals against the decisions of the Minister of Justice setting up the new bailiffs, each time notes that the creation of a new position, although the effectiveness of enforcement remains unsatisfactory. Such action of the Council-not covered by law and contrary to the previous, until 20- year practice-impedes the access of lawyers to the profession, and also maintains the monopoly of the existing bailiff, which can work to the detriment of the public interest. On July 26th 2017 The Supreme Administrative Court of the Republic of Poland (SAC) issued a final decision in the case concerning the appointment of E. Z. by the Minister of Justice to the position of bailiff at the District Court in the city of G. The Commercial Chamber supervises the jurisdiction of regional administrative courts as far as customs, and most business regulation is concerned. The article examines and evaluates of the recognition of the Chamber of Bailiffs as parties in the appointment of a bailiff in the light of the 2 conflicting with each other judgments of the SAC and WAC in Warsaw with 2017r. In the cese brought before the SAC, the Council of the Chamber of Bailiffs in city of G. asked the Minister to request a retrial, claiming e. g. that has the status of a party in the proceedings. Concluded that the standing local government decision should be sought in the rules statuujących the scope of its activities, as well as in the rules. However, the Minister of Justice dismissed the appeal, stating that the request for a retrial cannot be acted upon, as it comes from non-party to the case. As explained, that no provision of substantive law does not grant local government authorities of the decision to the status of the parties in proceedings in respect of the appointment to the position of bailiff. Justice Minister Zbigniew Ziobro, after giving considerations of the applications of candidates, appointed in the same appeal of Lodz 19 bailiffs in the year 2016 and 3 this year. He did it after examining their past and competence. In accordance with the law asked also about the opinion of the House Chamber on the question of candidates and the need for new regional. Take into account the however, these reviews-in accordance with the law do not have to, in fact, take into account the opinion of local government decision-and indicated the candidates committed to the profession. It should be noted that immediately after the appointment of a candidate for the post of the bailiff, he has a month to the oath, opening a law firm and starting a business. All newly elected long ago started working and download charges for creditors. Most of this involved having to take out loans or loans. On the other hand, the WAC in Warsaw the judgment of may 2017, has come to the right conclusions, that the Chamber of bailiffs is not a party in the case of the appointment of a bailiff because by analogy apply to the Chambers of the debt collectors for a resolution to the SAC for notaries and the status of the Chamber of notaries in the proceedings concerning the appointment to the position of notary public.
- Źródło:
-
Prosopon. Europejskie Studia Społeczno-Humanistyczne; 2017, 4(21); 57-75
1730-0266 - Pojawia się w:
- Prosopon. Europejskie Studia Społeczno-Humanistyczne
- Dostawca treści:
- Biblioteka Nauki
Artykuł