A sum of 151 parliamentarians voted for the Draft Law, two parliamentarians voted against, and eight parliamentarians did not vote. The new Law provides equal protection of debtors and creditors, and relieving the courts of their caseload.
The Law governs the proceedings in which courts and bailiffs forcibly settle claims against enforcement creditors, the procedure for securing claims and the position of bailiffs.
An appeal shall contest a decision of the first instance court or a bailiff unless the law specifies that an appeal is not allowed, or that such a decision may be contested by a complaint, whereas a complaint may be filed against a decision on an enforcement proposal on the basis of an authentic document, against other decisions of the first instance court, or against a bailiff determined by the law, and as an complaint of a third party.
The new Law envisages that an appeal, or a complaint, may be filed only once against one decision, and the court deciding on the decision or the complaint must modify, confirm or revoke the first instance decision.
Deciding on the subject of enforcement shall be under exclusive jurisdiction of the court, exception being so-called utility cases, when the bailiff shall decide on the proposal for enforcement.
Execution of enforcement shall be under the competence of courts and bailiffs.
The Law revokes so-called parallel jurisdiction of the court and bailiffs over enforcement, and courts shall be solely responsible for executing enforcement by the joint sale of real estate.
It is prescribed that enforcement, in terms of earnings, salary or pensions, may be executed up to two-thirds of their amount, i.e. up to half the amount, if the amount is equal or less than minimum earnings.
The adopted Law envisages that a bailiff shall act in the interest of legal execution, they shall also take care of debtors’ interests, not only creditors’, and their disciplinary responsibility shall also be stricter now.