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ADMINISTRATIVE ENFORCEMENT PROCEEDINGS FROM THE COMPARATIVE PERSPECTIVE OF LEGAL SYSTEM OF ISRAEL AND POLAND

Jan Olszanowski

 

In the most general meaning enforcement is the implementation, by the

competent authorities, of the coercive measures with a view to obtaining the

discharge of an obligation vis-à-vis a creditor on the legal base3. Carrying into

effect of judicial decisions, as well as of other judicial or non-judicial enforceable

titles in compliance with the law which compels the defendant to do, to refrain

from doing or to pay what has been adjudged. Enforcement proceedings are a set

of measures taken in connection with enforcement following the lodging of an

enforcement application. Generally, two parties are involved in execution

proceedings. One is defined by law as the winner or creditor. The other party is

defined as the debtor. The most important in enforcement proceedings is to

balance between the protection of the rights of debtor and the effectiveness of the

proceedings, which is connected with the rights of creditor. This is the

consequence of the range of rights of debtor and the catalogue of enforcement

measures which may be implement in enforcement proceedings.

The main aim of the study is to compare the enforcement proceedings in

Poland and Israel regarding to effectiveness of the procedure. It is obvious that the

legal process does not end with a final and just decision, but when such decision is

in fact implemented. In this context, the old Latin saying: ubi ius, ibi remedium

(there is no right without an effective remedy) has acquired a refreshed importance

and meaning. It is obvious that effective enforcement of liabilities guarantees

proper functioning of the state. Generally, the efficiency of this kind of proceedings

is very important for the confidence of business relations and proper flow of

capital. The paper contains three parts. In first one there is a general complex

description of legal systems in Israel and Poland. These two countries have

completely different legal system backgrounds, but regarding to enforcement

proceedings some similarities may be observed. In second part there is description

of enforcement proceedings focusing on administrative enforcement proceedings

and enforcement measures. In third part of the study there is a description of

judiciary control over actions of enforcement authorities. This is the crucial factor

for the protection of the rights of the debtor, who may be the party of the

proceedings most affected by the unlawful actions of administrative authorities.

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Volume VIII, Issue 2, July-December 2018, posted at 18th of December 2018

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Summary

Articles (Studies, discussions, comments)

FUNDAMENTALS OF PROJECT FINANCE APPLIED TO PRIVATE PUBLIC PARTNERSHIPS IN COLOMBIA1

Mónica Liliana Ibagón

ADMINISTRATIVE ENFORCEMENT PROCEEDINGS FROM THE COMPARATIVE PERSPECTIVE OF LEGAL SYSTEM OF ISRAEL AND POLAND

Jan Olszanowski

THE CIVIL SERVICE AT ROMANIA’S CENTENNIAL

Irina ALEXE

100 YEARS OF CONSTITUTIONALITY CONTROL

Daniela Cristina VALEA

FOREST LEGISLATION’S ROLE IN THE PROTECTION OF ROMANIAN FORESTS

Dogaru Lucreţia

THE EVOLUTION OF THE SOCIAL SECURITY SYSTEM IN ROMANIA

Brînduşa MARIAN

CONSTITUTIONAL EVOLUTION OF ROMANIA

Ioana Cristina VIda

COMMON LAW SUPREME COURTS. A COMPARATIVE APPROACH

Ovidiu-Horia MAICAN

ALTERNATIVE DISPUTE RESOLUTIONS WITHIN ADMINISTRATIVE CONTRACTS: ATTRIBUTES AND ENFORCEMENTS

Mihaela V. CARAUSAN

THE ROMANIAN CRIMINAL LAW FROM THE GREAT UNION TO THE PRESENT DAY

Ion Rusu

THE ROLE OF SOCIAL REACTION REFLECTED IN THE DINAMICS OF THE CRIMINAL CODES - PAST, PRESENT, FUTURE -

Crina – Bianca Vereş

UNIFICATION OF CRIMINAL LAW AFTER THE GREAT UNION – THE 1936 CRIMINAL CODE

Iuliu Crăcană

A HISTORICAL PERSPECTIVE ON THE CRIMINALIZATION OF OMISSION IN CRIMINAL LAW

Carmen Adriana Domocoş

TO VACCINATE OR NOT TO VACCINATE. BETWEEN MORAL AND CRIMINAL BOUNDARIES

Laura Stanila

ANALYSIS OF OFFENCES CONCERNING DRUG TRAFFICKING IN ROMANIAN LEGISLATION Adrian

Adrian Cristian MOISE

 

International Law

HINDSIGHT VIEW ON ARBITRATION FROM THE PERSPECTIVE OF THE VISIONS, INSTITUTIONS AND THE PERSONALITIES WHICH HAVE ADDED AND CONTRIBUTED TO THE EVOLUTION OF THIS FIELD IN THE LAST CENTURY FROM A TO Z

Alina Mioara Cobuz –Bagnaru

A CENTURY OF ROMANIAN ARBITRATION: HISTORICAL MILESTONES, FROM TRADITION TO MODERNITY

Cristina Ioana FLORESCU

CONSIDERATIONS UPON INTERNATIONAL TREATIES WHICH SHAPED THE HISTORY OF MODERN ROMANIA (1918 – 2018)

LEGAL PERSPECTIVES ON THE UNIFICATION OF THE REPUBLIC OF MOLDOVA WITH ROMANIA. WILL THE HISTORY REPEAT ITSELF?

Dumitru Cazac

LEX MERCATORIA, SOFT LAW AND A CLOSER APROACH OF UNIDROIT PRINCIPLES

Loredana Ioana BUCUR

 

Legal theory

CIVIL LIABILITY - ETERNAL AND FASCINATING LADY OF CIVIL LAW

Maria Dumitru

CONSIDERATIONS ON THE LIQUIDATION AMONG THE HEIRS OF THE FUNERAL EXPENSES

Silviu-Dorin ŞCHIOPU

SOLVING WORK CONFLICTS. PAST AND FUTURE

Roba Roxana Maria