A joint organisation by the UIHJ and the National Chamber of Enforcement Agents of Poland
This seminar was organised jointly by the National Chamber of Enforcement Agents of Poland and the UIHJ. It took place on the 27th and 28th of February 2004 in Krakow, the historic and cultural capital of Poland, in the presence of Mr Marek Sadowski, the then Polish Vice Minister of Justice, and now Minister of Justice. The National Chamber of Enforcement Agents of Poland (CNHJP) was represented by its president, Iwona Karpiuk-Suchecka.
The UIHJ delegation was led by its president Jacques Isnard, its First Vice President, Leo Netten, its assistant treasurer, Dariusz Potkanski, its secretary Bernard Menut, and Mathieu Chardon, member of the Committee. Amongst the speakers, those present had the privilege of hearing brilliant speeches by the general reporter, Professor Kazimierz Lubinski, as well as Professor Andrzej Redelbach and Michal Redelbach, member of the National Council of Polish Enforcement Agents.
A necessary harmonisation of the enforcement agent
Mr Sadowski indicated the importance of harmonising the status of the agent charged with the enforcement of legal decisions so as to establish a European enforcement agent. He added that the Ministry of Justice should reinforce the regime and the status of enforcement agents to facilitate a forced but ‘civilised' enforcement and to exclude private companies, which act solely in the interests of the client and without regard for the rules of equity, from the forced debt recovery market.
In a very well-received welcome speech, Iwona Karpiuk-Suchecka, president of the CNHJP repeated that Poland's membership of the UIHJ led to the discovery of other systems relating to enforcement and that the UIHJ has always supported and helped the Polish enforcement agents. Mrs Karpiuk-Suchecka alluded to the history of the profession, which became independent in 1997 and the extraordinary changes that followed. The president also explained the workings and the role of the CNHJP by comparing it with those in other countries such as the Netherlands.
A veritable body of legal professionals
In his opening speech President Isnard underlined, just a few weeks before the entrance of Poland into the European Union, the progress made by the Polish enforcement agents over the last 10 years. From a profession that was practically non-existent in many countries fifteen years ago, declared president Isnard, enforcement agents have since become a veritable body of legal professionals integrated into the legal machinery. Spurred on by the UIHJ, they have grouped together and joined forces to such an extent that today the profession has become indispensable at both the national and international level. The president emphasised the role of the UIHJ, often associated with the works of The Hague Conference on private international law, and whose presence is appreciated in the Council of Europe and the European Commission.
But today the new challenge consists in modelling an enforcement agent with a European facet. This challenge is based on three essential factors: harmonisation of the status of the profession, an identical activity and a common set of objectives. The European enforcement agent will be characterised by a professional who fights to ensure his continuity but also his material comfort and finally his permanent training. The president ended his speech by extending his warm congratulations to Mrs Iwona Karpiuk-Suchecka for her initiative and for the particularly appropriate choice of the theme of the seminar, and he also thanked Dariusz Potkanski.
The bicentenary of the Napoleonic Code
Professor Redelbach declared that 2004 marked the bicentenary of the Napoleonic or Civil Code and that this event was celebrated throughout Europe and all around the world. He noted that even if the status of enforcement agent differed from country to county within Europe, in the last two years a process of unification of the law of enforcement was underway. He insisted on the fact that enforcement agents must join forces and seize all the opportunities to extend their range of competences in their role as an instrument of the executive.
A uniform status for enforcement agents
President Isnard then outlined the effects of a uniform status for the profession of enforcement agent. Following its major reconstitution in the 90's, Europe was already aware of the role of the enforcement agent. The UIHJ Congress in Warsaw in 1994, which marked the beginning of the membership of Poland, the first Eastern European State to join the UIHJ, was the signal for a series of changes within the neighbouring States that should very soon, according to the proposals of the UIHJ, adopt a harmonised status based on certain essential axes, i.e.:
- The independence of the profession
- A highly progressive legal culture
- A professional training and examination
- A National Chamber
- The implementation of a strict disciplinary regime
- A vocation for the enforcement agents of enforcing and notifying acts.
In fact, even at that time we can identify a constant movement towards a harmonised status for the profession of enforcement agent. If we add to this the work of the European Union with the Tampere Council held on the 15th and 16th of October 1999 and that of the Council of Europe during the Moscow Conference of the 4th and 5th of October 2000, which accentuated the importance of enforcing legal decisions and of the agents responsible for their enforcement.
A considerable economic potential
Today, the economic potential of enforcement agents is considerable. The rising level of exchange, the development of business and globalisation are creating activities and opportunities for the profession. But these highly interesting prospects require permanent adaptation on the part of the profession. To ensure that they remain indispensable, enforcement agents must anticipate the demands of the economy. We must be ready to organise ourselves in such a way as to allow ourselves to respond to the solicitations of major international companies or law firms. This is possible thanks to our capacity to mobilise ourselves, our flexibility, and a uniform status.
Multiple competences
With his usual clarity, Leo Netten presented the recommendation for the harmonisation of the enforcement procedure in Europe . In a brilliant speech Dariusz Potkanski gave an extensive and scientific account of the domains of competence of the Polish enforcement agent in comparison with the 15 States of the European Union.
Bernard Menut once again demonstrated, in great detail and with his characteristic conviction, the superiority of the notification performed by the enforcement agent compared to the notification performed via the postal service. Mathieu Chardon presented affidavits, notably with the help of a film illustrating a real situation. In his presentation, he underlined their usefulness, as much for the persons implicated in the legal proceedings as for the judge and gave the reasons why the enforcement agent is the most apt figure to provide them, due to his legal skills, status, neutrality and the confidence that the judge places in him. Taking various European cases as an example, Michal Redelbach presented the working conditions of the enforcement agents in Europe today.
Professor Lubinski, an ardent defender of the profession of enforcement agent, presented the summary of the progress made. It should not be forgotten that Professor Lubinski was a fervent supporter of the establishment of the independence of the profession in Poland. An international seminar is also an opportunity for exchange and these exchanges continued during the superb dinner held at Krakow castle, in a very international spirit of friendship and conviviality.
