Publication:
Taking on the Bailiff Monopoly in Poland

Loading...
Thumbnail Image
Files in English
English PDF (268.72 KB)
231 downloads
English Text (11.07 KB)
27 downloads
Published
2007-11
ISSN
Date
2012-08-13
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.
Digital Object Identifier
Associated URLs
Associated content
Report Series
Report Series
Other publications in this report series
  • Publication
    Taking Advantage of a Window of Opportunity
    (International Finance Corporation, Washington, DC, 2017-02) Odhiambo, Alban; Kamajugo, Richard; Zizane, Jackie
    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
    Opening Opportunities
    (International Finance Corporation, Washington, DC, 2017-02) Sichilima, Mupelwa; Gikonyo, Aknyi
    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.
  • Publication
    PortNet in Morocco
    (International Finance Corporation, Washington, DC, 2017-01) Hafsi, Nadia
    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
    Jamaica’s Trade Facilitation Task Force
    (International Finance Corporation, Washington, DC, 2017-02) Tomlinson, Kanika Y.
    Jamaica is taking steps to strengthen its trade environment as a way to improve the ease and ways of doing business and stimulate growth. In February 2015, Jamaica formed its National Committee on Trade Facilitation, known as the Trade Facilitation Task Force (TF2). During its first year, theTask Force had fruitful consultations with its members in the public and private sectors on how to increase trade facilitation in Jamaica. These consultations laid the foundation for the creation of a Trade Facilitation Project Plan, currently in use as a guide for the execution and monitoringof Jamaica’s trade-competitiveness activities. This SmartLesson describes the establishment of the Task Force and the progress of the Project Plan— and shares key lessons learned along the way.
  • Publication
    Walking the Last Mile
    (International Finance Corporation, Washington, DC, 2017-02) Kastrati, Pranvera; Meko, Mirela; Saragiotis, Periklis
    Albania’s authorized economic operators (AEO) program is not yet operational, even though the country has adopted the necessary European Union (EU) legal and regulatory frameworks. This smart lesson outlines shortcomings in the adoption of AEO provisions under the European community customs code (CCC) as well as the obstacles the national government has faced putting in place the complementary reform measures necessary to ensure practical effectiveness. Lessons learned from the Albanian experience may be instructive for other countries in the central European free trade agreement region as they look to operationalize their AEO programs without diverting from AEO guidelines as set out in the EU acquis.
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) World Bank
    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) Gramckow, Heike
    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) World Bank
    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) Ebeid, Omniah; Gramckow, Heike
    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) Greenberg, Theodore S.; Samuel, Linda M.; Grant, Wingate; Gray, Larissa
    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
    The World Bank Group in Georgia, 2014-23
    (Washington, DC: World Bank, 2025-07-30) World Bank
    This Country Program Evaluation assesses the performance and effectiveness of the World Bank Group’s support to Georgia in achieving the country’s development objectives. In the decade leading up to the evaluation period, Georgia pursued economic reforms to attract critical investments for becoming a regional trade and transport hub. Ambitious economic reforms went hand in hand with efforts to improve human development and strengthening social protection systems. Growing geopolitical tensions and internal political polarization have challenged Georgia’s reform progress in recent years. The Bank Group’s strategy adapted well to Georgia’s development needs and was well coordinated with other development partners. It successfully employed a range of instruments to help increase competitiveness, growth, and job creation, and effectively contributed to improved infrastructure and increased trade by using programmatic and innovative approaches. The Bank Group’s regular investments in analytical work and the switch to results-based programmatic support helped improve the efficiency and effectiveness of education and health care systems. The IEG offers the following lessons based on the evidence and analysis in the Country Program Evaluation: (i) Prioritizing Bank Group support around the move towards deeper regional integration was an effective anchor for key economic reforms for economic convergence. (ii) Pursuing a selective and adaptive approach in a country with high implementation capacity and institutions, strong coordination among development partners, and access to a wide range of external resources can allow the Bank Group to exercise significant influence in areas of comparative advantage and global expertise. (iii) A stronger focus on outcome-based programmatic approaches helped to build local capacity and crowd-in partner financing.
  • Publication
    FY 2024 Seychelles Country Opinion Survey Report
    (Washington, DC: World Bank, 2025-01-27) World Bank
    The Country Opinion Survey in Seychelles assists the World Bank Group (WBG) in better understanding how stakeholders in Seychelles perceive the WBG. It provides the WBG with systematic feedback from national and local governments, multilateral and bilateral agencies, media, academia, the private sector, and civil society in Seychelles on: (1) their views regarding the general environment in Seychelles; (2) their overall attitudes toward the WBG in Seychelles; (3) overall impressions of the WBG’s effectiveness and results, knowledge work and activities, and communication and information sharing in Seychelles; and (4) their perceptions of the WBG’s future role in Seychelles.
  • Publication
    Digital Africa
    (Washington, DC: World Bank, 2023-03-13) Begazo, Tania; Dutz, Mark Andrew; Blimpo, Moussa
    All African countries need better and more jobs for their growing populations. "Digital Africa: Technological Transformation for Jobs" shows that broader use of productivity-enhancing, digital technologies by enterprises and households is imperative to generate such jobs, including for lower-skilled people. At the same time, it can support not only countries’ short-term objective of postpandemic economic recovery but also their vision of economic transformation with more inclusive growth. These outcomes are not automatic, however. Mobile internet availability has increased throughout the continent in recent years, but Africa’s uptake gap is the highest in the world. Areas with at least 3G mobile internet service now cover 84 percent of Africa’s population, but only 22 percent uses such services. And the average African business lags in the use of smartphones and computers as well as more sophisticated digital technologies that catalyze further productivity gains. Two issues explain the usage gap: affordability of these new technologies and willingness to use them. For the 40 percent of Africans below the extreme poverty line, mobile data plans alone would cost one-third of their incomes—in addition to the price of access devices, apps, and electricity. Data plans for small- and medium-size businesses are also more expensive than in other regions. Moreover, shortcomings in the quality of internet services—and in the supply of attractive, skills-appropriate apps that promote entrepreneurship and raise earnings—dampen people’s willingness to use them. For those countries already using these technologies, the development payoffs are significant. New empirical studies for this report add to the rapidly growing evidence that mobile internet availability directly raises enterprise productivity, increases jobs, and reduces poverty throughout Africa. To realize these and other benefits more widely, Africa’s countries must implement complementary and mutually reinforcing policies to strengthen both consumers’ ability to pay and willingness to use digital technologies. These interventions must prioritize productive use to generate large numbers of inclusive jobs in a region poised to benefit from a massive, youthful workforce—one projected to become the world’s largest by the end of this century.
  • Publication
    FY 2025 China Country Opinion Survey Report
    (Washington, DC: World Bank, 2025-08-04) World Bank
    The Country Opinion Survey in China assists the World Bank Group (WBG) in better understanding how stakeholders in China perceive the WBG. It provides the WBG with systematic feedback from national and local governments, multilateral/bilateral agencies, media, academia, the private sector, and civil society in China on 1) their views regarding the general environment in China; 2) their overall attitudes toward the WBG in China; 3) overall impressions of the WBG’s effectiveness and results, knowledge work and activities, and communication and information sharing in China; and 4) their perceptions of the WBG’s future role in China.
  • Publication
    The World Bank Group in Tanzania, Fiscal Years 2012–22
    (Washington, DC: World Bank, 2025-07-22) World Bank
    This evaluation assesses the relevance and effectiveness of the World Bank Group's support to Tanzania between Fiscal Years 2012 and 2022. Over the past decade, Tanzania has experienced resilient growth, with an average annual per capita GDP increase of 2.2%. However, poverty remains widespread and slow to decline, underscoring the need for more inclusive growth. The report examines the Bank Group's strategic and operational approaches during this period, which were aligned with Tanzania's development priorities and focused on industrialization, human development, and public sector reforms. The evaluation includes thematic chapters on the Bank Group's support for private sector-led growth and spatial transformation, as well as lessons to inform future support to the country.