ADMINISTRATIVE ENFORCEMENT PROCEEDINGS FROM THE COMPARATIVE PERSPECTIVE OF LEGAL SYSTEM OF ISRAEL AND POLAND

Rezumat

In the most general meaning enforcement is the implementation, by the competent authorities, of the coercive measures with a view to obtaining the discharge of an obligation vis-à-vis a creditor on the legal base. Carrying into effect of judicial decisions, as well as of other judicial or non-judicial enforceable titles in compliance with the law which compels the defendant to do, to refrain from doing or to pay what has been adjudged. Enforcement proceedings are a set of measures taken in connection with enforcement following the lodging of an enforcement application. Generally, two parties are involved in execution proceedings. One is defined by law as the winner or creditor. The other party is defined as the debtor. The most important in enforcement proceedings is to balance between the protection of the rights of debtor and the effectiveness of the proceedings, which is connected with the rights of creditor. This is the consequence of the range of rights of debtor and the catalogue of enforcement measures which may be implement in enforcement proceedings. The main aim of the study is to compare the enforcement proceedings in Poland and Israel regarding to effectiveness of the procedure. It is obvious that the legal process does not end with a final and just decision, but when such decision is in fact implemented. In this context, the old Latin saying: ubi ius, ibi remedium (there is no right without an effective remedy) has acquired a refreshed importance and meaning. It is obvious that effective enforcement of liabilities guarantees proper functioning of the state. Generally, the efficiency of this kind of proceedings is very important for the confidence of business relations and proper flow of capital. The paper contains three parts. In first one there is a general complex description of legal systems in Israel and Poland. These two countries have completely different legal system backgrounds, but regarding to enforcement proceedings some similarities may be observed. In second part there is description of enforcement proceedings focusing on administrative enforcement proceedings and enforcement measures. In third part of the study there is a description of judiciary control over actions of enforcement authorities. This is the crucial factor for the protection of the rights of the debtor, who may be the party of the proceedings most affected by the unlawful actions of administrative authorities.