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

Jan Olszanowski

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 base3. 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.

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