Sopot Seminar - 7-8 April 2005

A most peculiar historical context
 
The Seminar that took place this spring in Sopot was held in a mostly peculiar historical context for Poland. At the same time, the funeral of Pope John Paul II took place, which was a considerable event in Poland.
 
All event that were supposed to take place were cancelled, and the international seminar that was organized by our polish colleagues was only just maintained.
 
In fact, life had stopped in Poland this 8th April, day of the pope's funerals, and the conference that was programmed on that day was thus cancelled.
 
UIHJ was represented by its first Vice-president, Leo Netten and its secretary, Bernard Menut. René Duperray, general secretary was also present. Our polish colleagues are now accustomed with international events and they organize twice a year such seminars. The conference was held in the sea resort of Sopot, at the premises of the Currenda company that provided rooms fully equipped for this type of event.
 
Besides the UIHJ delegation, we noticed the presence of Françoise Andrieux and Mathieu Chardon, who also came for the need of the preparation of the national Conference of French huissiers de justice.
 
Nearly a hundred polish colleagues participated in a high intellectual level conference. In that respect, everyone noticed the perfect organization of the day in the Currenda building.
 
The theme chosen by our colleagues concerned the funding of enforcement of court decisions in Europe, which represents a real stakes for citizens and States.
 
Iwona Karpiuk Suchecka, president of the Council of Enforcement agents in Poland, opened the seminar with a very emotional evocation of the late Jean Paul II, followed by Leo Netten who insisted in his presentation with the major role of UIHJ in the promotion of enforcement agents throughout Europe, specially in Eastern Europe. Numerous references were made on Recommendation Rec(2003)17 of the Committee of Ministers to Member States on enforcement.
 
A triple interest
 
Then came the time for the workshops which were introduced by the Professor Kazimierz Lubinski, who made an analysis of the situation in Poland, replaced in the European context.
 
The interst of the event was triple.
 
First, a presentation of the situation in the different countries of the ex-soviet block. Mrs Pavla Fucikova, for the Czech enforcement agents, analyzed the situation of the Funding of enforcement of court decisions in her country, followed on the same theme by Mr Horwath, for Slovakia. The polish situation was fully detailed by professor Andrzej Marciniak, whose analysis was a remarkable one.

Second, an analytic study presented by Bernard Menut on the situation of funding of enforcement of court decisions and more specifically on the tariffs of enforcement agents in Europe.
 
Third, a transversal analysis on tendencies and perspectives of funding of enforcement of court decisions in Europe was also presented by Bernard Menut.
 
An unbearable situation for the Polish enforcement agents
 
The final conclusion of the day was made by professor Lubinski, who made a brilliant demonstration of the necessity for Poland to initiate changes in the polish legislation regarding the funding of enforcement of court decisions. In fact, the situation for the polish Komorniks (enforcement agents) has become unbearable. They have to support the cost of enforcement actions when they are not successful. With the increase of insolvency of debtors, this system has reached its limits.
 
The current situation in Poland tells something to those who would be inclined to promote a system in which enforcement agents would have to support the cost of unsuccessful enforcements.
 
The polish example allows UIHJ to illustrate the risks of such systems of funding of enforcement of court decisions. It is not acceptable for enforcement agents, who are independent and responsible for the conduct of theirs own businesses, to support the risks generated by the insolvency of debtors, in particular in the light of the European legislation in which the number of insolvencies increases regularly with the restrictions on attachable goods and revenues.