Publication: Taking on the Bailiff Monopoly in Poland
Loading...
Date
2007-11
ISSN
Published
2007-11
Author(s)
Editor(s)
Abstract
The 2005 Doing Business report rated Poland as one of the slowest judicial systems in the world. It took 1,000 days for a contract to be enforced through the courts, causing Poland to be ranked 140th of 145 countries in regard to the speed of courts. This poor ranking prompted the National Bank of Poland and the World Bank to draft a report, 'Poland: legal barriers to contract enforcement,' which contained recommendations designed to speed up court proceedings. One of the key recommendations of the report was to open the bailiff profession to more competition, so as to improve the service bailiffs delivered. Specifically, the report called for an expanded number of bailiffs, for creditors to have greater choice among those bailiffs, and for the deregulation of bailiff fees. After a change of government in 2005, a new team including the author headed the justice ministry. The author was receptive to new ideas, and the justice ministry endorsed the report, which provided the impetus for undertaking these reforms. The author suggested three changes: (a) the justice minister should be able to appoint more bailiffs without going through a complicated procedure; (b) bailiffs should be able to compete with each other regardless of their location; and (c) price flexibility should be introduced to bailiff fees.
Link to Data Set
Citation
“Józefowicz, Krzysztof. 2007. Taking on the Bailiff Monopoly in Poland. IFC Smart Lessons Brief. © World Bank. http://hdl.handle.net/10986/10633 License: CC BY-NC-ND 3.0 IGO.”
Associated URLs
Associated content
Other publications in this report series
Publication Taking Advantage of a Window of Opportunity(International Finance Corporation, Washington, DC, 2017-02)Rwanda’s government and private sector took a bold step towards achieving a critical reform agenda with the design and implementationof a single window for international trade system. This implementation marked the first successful collaboration among Rwanda’s numerous agencies that over see the country’s cross-border trade. Addressing the demands of a diverse group of stakeholders was certainly daunting, but effective stakeholder engagement and change management efforts have produced results that are exerting a major impact on the efficiency of goods into and transiting Rwanda. Driving the Single Window project was an aspiration for greater collaboration at the level of government-to-government, business-to business and government-to-business. Rwanda’s membership in the East African Community, which is a Single Customs Territory was another critical factor. By addressing national needs and incorporating a regional focus and outreach in the management of cargo, the Rwanda Electronic Single Window has achieved success.Publication Working with Tajikistan to Develop its First National Commodity Nomenclature of Foreign Economic Activities(International Finance Corporation, Washington, DC, 2017-02)One of the most important instruments of trade facilitation is the commodity nomenclature, which provides a definition of all goods subject to foreign trade. The correct classification of goods forms the basis for determining the appropriate value of a good and for determining the customs duties imposed on a good on import or export. Customs statistics on foreign trade are derived from it, and those statistics in turn serve as a tool for the determination and implementation of customs policy. Commodity nomenclature is used not only at the national level, but also by the World Trade Organization, the World Customs Organization, the United Nations, and other international entities. Importers and exporters or investors in other countries visit customs nomenclature websites thousands of times a day to see the types and levels of customs duties and other charges and trade policy measures that particular countries apply. Trade policy regulations, rules of origin, and trade statistics in almost all of the developed and developing countries are designed and compiled on the basis of customs nomenclatures. This SmartLesson discusses how the Central Asia Trade Logistics Project worked with the Customs Administration of the Republic of Tajikistan on the development of its first national commodity nomenclature.Publication A Win for the Private Sector(International Finance Corporation, Washington, DC, 2017-02)Trade Mark East Africa (TMEA) launched its standards harmonization project in 2011 to help businesses cut costs associated with the different standards in force across the East African community (EAC). The first phase of the project will come to an end in June 2017. This project stemmed from the importance of standards development for regional integration and has been done through supporting the national bureaus of standards in achieving regional harmonization. Product standards have a significant impact on trade in goods within the EAC while non-harmonized standards continue to interrupt the smooth flow of goods in the region. This smart lessons describe the challenges to the harmonization process and how the project’s successful implementation is boosting trade within the region.Publication PortNet in Morocco(International Finance Corporation, Washington, DC, 2017-01)In 2008, Morocco’s National Ports Agency launched a project to create a national single-window platform for Morocco’s foreign tr ade. The process was long and difficult, and its success is owing in large part to the leadership and focus demonstrated by PORTNET S.A., the company created in 2012 to be in charge of the project. This SmartLesson describes the steps PORTNET took to forge a strategic alliance between public and private stakeholders in Morocco to achieve a common, mutually beneficial aim: streamline Morocco’s foreign trade procedures and improve its business climate.Publication Opening Opportunities(International Finance Corporation, Washington, DC, 2017-02)One of the most challenging experiences for businesses involved in cross bordertrade along Kenya’s border points is the clearance of imports and exports. Until 2015, the process of clearing cargo was largely manual. More than 29 different government agencies with different roles in the clearance of international trade goods required businesses to apply for and submit different sets of cargo clearance documents. The World Bank Group’s trade and competitiveness team, through the Kenya investment climate program, has supported the government of Kenya in implementing the Kenya National Electronic Single Window System, also known as the Kenya TradeNet System. This smart lesson describes the system, how it works, its accomplishments, and lessons learned along the way.
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Bulgaria - Resourcing the Judiciary for Performance and Accountability : A Judicial Public Expenditure and Institutional Review(Washington, DC, 2008-06)This report examines why, given the increasing resources allocated to the judiciary, there seem to have been only modest improvements in judicial performance. It lifts the veil on the conflicting opinions on the reasons for slow progress on performance and efficiency by analyzing the institutional environment within which the judiciary functions and the key incentives propelling the policy stances and actions of major institutional actors. A supply-demand approach is then used to review the challenges behind improving judicial performance, focusing on resource allocation and management issues on the supply side and on case inflow on the demand side. This perspective enables consideration of both supply and demand issues impacting judicial performance and offers an opportunity to suggest actions and policy responses that could enable policy makers to manage demand more effectively while strengthening access to justice. Overall, therefore, improving judicial performance now requires a shift from increasing the overall level of resources to approaches that do not increase the burden on the central budget. The key challenge now confronting Bulgaria's judiciary is to build on the reforms so far by developing, financing and implementing a judiciary-wide modernization program to sustain the transformation and demonstrate impact through monitor able indicators of performance. The information and analysis in this report much of it familiar to the leadership of Bulgaria's judiciary, executive and legislature could facilitate a consensus between the three branches of power on the resources that the judiciary could realistically expect to receive, and on the results that it can be expected to achieve, given existing resource and capacity constraints. In this dialogue, an exclusive focus on judicial independence could risk diverting attention from concrete measures needed to ensure that the judiciary is adequately resourced and that mechanisms to ensure the efficient use of resources and improved performance are in place. Indeed, judicial independence is a fundamental principle guaranteed by the Constitution and laws of Bulgaria, and unconditionally respected with regard to the judiciary's adjudicative functions. However, sustained focus on the achievement of performance goals could have important potential long-term benefits for the judicial system, not only in terms of increased budgetary resources, but more importantly in terms of increased public trust and confidence.Publication Court Auctions : Effective Processes and Enforcement Agents(World Bank, Washington, DC, 2012-01)This paper considers the historical origins and efficacy of enforcement of civil court judgments, with a special focus on court auctions. It reviews the procedural and practical options available to courts and associated agencies for the identification of assets that may be used to satisfy a judgment debt and the processes for court-supervised asset seizure and sale by public auction. The efficiencies of public court auction processes are considered, including the elements of enforcement systems that can produce sub-optimal returns on sold assets and higher incentives for corrupt practices. Also considered is the trend in some systems for greater use of private agents as a means by which the cost of court enforcement processes can be reduced and for overcoming sometimes lengthy delays in enforcement. The paper concludes by identifying alternatives to public auction that in some cases can offer better prospects of assuring full payment of a judgment debt.Publication Mapping the Way through the Court and Enforcement Procedures in Serbia(Washington, DC, 2014-12)This report complements the Serbia Judicial Functional Review, which assesses the current functioning of the broader judicial system in Serbia and outlines options and recommendations to inform Serbia s ongoing and planned justice reform initiatives in the view of EU accession.1 The aim of this report, however, is to illustrate the steps court users take in order to protect their interests through procedures carried out by courts or bailiffs. The focus is on the difference between the procedure on the books and actual practice. The report analyses these differences in specific types of cases, which had been identified by stakeholders as potentially challenging for those seeking justice:: (1) cases of domestic violence processed by criminal courts, both under the Criminal Procedure Code that was in force from 2001 to 30 September 2013 and under the Criminal Procedure Code which entered into force on 1 October 2013; (2) divorce proceedings, primarily those initiated by alleged victims of domestic violence, together with separate procedures that apply to requests for protective interim measures; (3) cases where one party requests eviction, including both civil proceedings carried out in accordance with the Civil Procedure Code and enforcement proceedings that might follow such proceedings; (4) special enforcement proceedings for settlement of claims in the area of utilities and similar services, which are, after the adoption of the 2011 Act on Enforcement and Security, carried out exclusively by private bailiffs, introduced by this Act. Although the research focused on the functioning of the judicial system in those types of cases, some of its findings inevitably apply to criminal and civil proceedings in general, as well as to certain enforcement proceedings.Publication Commercial Court and Enforcement Assessment Tool(World Bank, Washington, DC, 2016-03-01)An effective and efficient justice system is essential for sustained economic growth. In a well-functioning, independent, and efficient justice system, decisions are taken within a reasonable time and are predictably and effectively enforced, and individual rights, including property rights, are adequately protected. Among other objectives, the efficiency of the judicial system is important for creating a good business climate, attracting foreign direct investment, securing tax revenues, and supporting economic growth. Research has shown that weak contract enforcement, for example, raises the cost of borrowing and shortens loan maturities, with a resulting negative effect on investment and GDP. Weak court enforcement systems have also been linked to late payments, which can lead to liquidity issues for companies and increase insolvency. Since the publication of the World Bank’s World Development Report 2005, the importance of well-functioning courts to strengthening the investment climate and ultimately to reducing poverty and boosting shared prosperity has been brought to the forefront and become internationally recognized. Indicators of commercial court performance, and business community perceptions of and trust in the courts, are a part of the World Bank Group’s (WBG) country-level investment climate assessments and its influential Investment Climate Surveys and Doing Business reports. Court performance has also become an element of European Union (EU) and Organization for Economic Co-operation and Development (OECD) accession. Helping countries to improve commercial court operations and ensure improved accessibility and effective delivery of services are important components of the development assistance provided by the WBG. The Commercial Court and Enforcement Assessment Tool has been designed to assist assessment teams and client agencies in this effort.Publication Stolen Asset Recovery : A Good Practices Guide for Non-conviction Based Asset Forfeiture(World Bank, 2009)The guide is organized into three major parts: Part A first provides an overview of the problem of stolen assets and the problem of recovering the assets once they are transferred abroad. Second, it describes how the international community has taken steps to respond to the problem through United Nations Convention against Corruption (UNCAC) and the Stolen Asset Recovery (StAR) Initiative. UNCAC introduced a new framework to facilitate the tracing, freezing, seizing, forfeiture, and return of assets stolen through corrupt practices and hidden in foreign jurisdictions. The StAR Initiative developed an action plan to support the domestication and implementation of asset recovery provisions under UNCAC, to facilitate countries' efforts to recover stolen assets that have been hidden in foreign jurisdictions, and ultimately, to help deter such flows and eliminate safe havens for hiding corruption proceeds. Third and finally, Part A introduces non-conviction based (NCB) asset forfeiture as one of the critical tools to combat corruption, describing the situations when it is useful, how it differs from criminal forfeiture, its usefulness in civil and common law jurisdictions, and the support it has gained internationally. Part B contains the 36 key concepts. The concepts have been grouped together by topic area, including prime imperatives, definitions of assets and offenses subject to NCB asset forfeiture, measures for investigation and preservation of assets, procedural and evidentiary concepts, determining parties and ensuring proper notice, judgment proceedings, organizational considerations and asset management, and international cooperation and asset recovery. The concepts are illustrated through examples from cases and excerpts from different jurisdictions' NCB asset forfeiture legislation. Part C contains a number of special contributions written by individual practitioners. The contributions focus on the general practice of NCB asset forfeiture and international cooperation in specific jurisdictions, namely Colombia, Guernsey, Ireland, Kuwait, Switzerland, Thailand, and the United Kingdom. In addition, some contributions illustrate a selection of NCB asset forfeiture practices, such as asset management, delegating certain roles to the executive branch, and pursuing forfeiture based on illicit enrichment.
Users also downloaded
Showing related downloaded files
Publication Classroom Assessment to Support Foundational Literacy(Washington, DC: World Bank, 2025-03-21)This document focuses primarily on how classroom assessment activities can measure students’ literacy skills as they progress along a learning trajectory towards reading fluently and with comprehension by the end of primary school grades. The document addresses considerations regarding the design and implementation of early grade reading classroom assessment, provides examples of assessment activities from a variety of countries and contexts, and discusses the importance of incorporating classroom assessment practices into teacher training and professional development opportunities for teachers. The structure of the document is as follows. The first section presents definitions and addresses basic questions on classroom assessment. Section 2 covers the intersection between assessment and early grade reading by discussing how learning assessment can measure early grade reading skills following the reading learning trajectory. Section 3 compares some of the most common early grade literacy assessment tools with respect to the early grade reading skills and developmental phases. Section 4 of the document addresses teacher training considerations in developing, scoring, and using early grade reading assessment. Additional issues in assessing reading skills in the classroom and using assessment results to improve teaching and learning are reviewed in section 5. Throughout the document, country cases are presented to demonstrate how assessment activities can be implemented in the classroom in different contexts.Publication Guide to the Debt Management Performance Assessment Tool(Washington, DC, 2008-02-05)The purpose of this document is to provide guidance and supplemental information to assist with country assessments of debt management performance, using the Debt Management Performance Assessment (DeMPA) tool. The DeMPA is a methodology used for assessing public debt management performance through a comprehensive set of 15 performance indicators spanning the full range of government Debt Management (DeM) functions. It is based on the principles set out in the International Monetary Fund (IMF) and World Bank guidelines for public debt management, initially published in 2001 and updated in 2003. It is modeled after the Public Expenditure and Financial Accountability (PEFA) framework for performance measurement of public financial management. The DeMPA has been designed to be a user-friendly tool to undertake an assessment of the strengths and weaknesses in government DeM practices. This guide provides additional background and supporting information so that a no specialist in the area of debt management may undertake a country assessment effectively. The guide can be used by assessors in preparing for and undertaking an assessment. It is particularly useful for understanding the rationale for the inclusion of the indicators, the scoring methodology, and the list of supporting documents or evidence required, and the questions that could be asked for the assessment.Publication Argentina Country Climate and Development Report(World Bank, Washington, DC, 2022-11)The Argentina Country Climate and Development Report (CCDR) explores opportunities and identifies trade-offs for aligning Argentina’s growth and poverty reduction policies with its commitments on, and its ability to withstand, climate change. It assesses how the country can: reduce its vulnerability to climate shocks through targeted public and private investments and adequation of social protection. The report also shows how Argentina can seize the benefits of a global decarbonization path to sustain a more robust economic growth through further development of Argentina’s potential for renewable energy, energy efficiency actions, the lithium value chain, as well as climate-smart agriculture (and land use) options. Given Argentina’s context, this CCDR focuses on win-win policies and investments, which have large co-benefits or can contribute to raising the country’s growth while helping to adapt the economy, also considering how human capital actions can accompany a just transition.Publication The Mexican Social Protection System in Health(World Bank, Washington DC, 2013-01)With a population of 113 million and a per-capita Gross Domestic Product, or GDP of US$10,064 (current U.S. dollars), Mexico is one of the largest and highest-income countries in Latin America and the Caribbean (LAC). The country has benefited from sustained economic growth during the last decade, which was temporarily interrupted by the financial and economic crisis. Real GDP is projected to grow 3.8 percent and 3.6 percent in 2012 and 2013, respectively (International Monetary Fund, or IMF 2012). Despite this growth, poverty in the country remains high; with half of the population living below the national poverty line. The country is also highly heterogeneous, with large socioeconomic differences across states and across urban and rural areas. In 2010, while the extreme poverty ratio in the Federal District and the states of Colima and Nuevo Leon was below 3 percent, in Chiapas, Guerrero, and Oaxaca it was 25 percent or higher. These large regional differences are also found in other indicators of well-being, such as years of schooling, housing conditions, and access to social services. This case study assesses key features and achievements of the Social Protection System in Health (Sistema de Proteccion Social en Salud) in Mexico, and particularly of its main pillar, Popular Health Insurance (Seguro Popular, PHI). It analyzes the contribution of this policy to the establishment and implementation of universal health coverage in Mexico. In 2003, with the reform of the General Health Law, the PHI was institutionalized as a subsidized health insurance scheme open to the population not covered by the social security schemes. Today, the PHI covers all of its intended affiliates, about 52 million peoplePublication Crime and Violence in Central America : A Development Challenge - Main Report(World Bank, 2011-01-01)Crime and violence are now a key development issue for Central American countries. In three nations El Salvador, Guatemala, and Honduras crime rates are among the top five in Latin America. This report argues that successful strategies require actions along multiple fronts, combining prevention and criminal justice reform, together with regional approaches in the areas of drug trafficking and firearms. It also argues that interventions should be evidence based, starting with a clear understanding of the risk factors involved and ending with a careful evaluation of how any planned action might affect future options. In addition, the design of national crime reduction plans and the establishment of national cross-sectoral crime commissions are important steps to coordinate the actions of different government branches, ease cross-sectoral collaboration and prioritize resource allocation. Of equal importance is the fact that national plans offer a vehicle for the involvement of civil society organizations, in which much of the expertise in violence prevention and rehabilitation resides. Prevention efforts need to be complemented by effective law enforcement. The required reforms are no longer primarily legislative in nature because all six countries have advanced toward more transparent adversarial criminal procedures. The second-generation reforms should instead help deliver on the promises of previous reforms by: (i) strengthening key institutions and improving the quality and timeliness of the services they provide to citizens; (ii) improving efficiency and effectiveness while respecting due process and human rights; (iii) ensuring accountability and addressing corruption; (iv) increasing inter-agency collaboration; and (v) improving access to justice, especially for poor and disenfranchised groups. Specific interventions reviewed in the report include: information systems and performance indicators as a prerequisite to improve inter-institutional coordination and information sharing mechanisms; an internal overhaul of court administration and case management to create rapid reaction, one-stop shops; the strengthening of entities that provide legal counseling to the poor and to women; and the promotion of alternative dispute-resolution mechanisms and the implementation of community policing programs.