Improving Enforcement System

- with private profession of bailiff created and certain role left for State authorities in enforcement and alternative disputes in some
administrative and socially-sensitive civil cases (alimony, childcare, eviction etc.);

- Conditions in place to allow gradual move towards wider scope of private model, with a view to complete privatisation of enforcement
services by reference to experience in reform of notary services

- Optimised stages of the enforcement proceedings and terms of exercising enforcement actions; safeguards in place against the refusal to
start enforcement proceedings for formal reasons

- Effective incentives in place for volunteer exercise of court decisions and influencing the debtor

- Institutional enforcement governance system (incl. regional) allowing for requisite decree of self-governance by PEOs

- Practical and effective conditions in place for equal competition between private and State-run limbs of enforcement system

- More effective use and distribution of private bailiffs membership fees, to promote independent and efficient governance

- Increased independence and efficiency of governance (including disciplinary) bodies within bailiffs’ corporation

- National Chamber of Bailiffs (CB) set up as main governance body of private bailiffs’ profession; regional Chambers set up taking into
account local socio-economic realities

- Streamlined powers of CB an MOJ, with limited, clear and foreseeable role of MOJ in regulation, licencing and oversight of profession

- Active cooperation of MOJ and CB in developing policy and legislative initiatives with regard to enforcement system, including definition
and review of required number and competences of bailiffs

- Partial harmonisation of licensing and oversight systems of bailiffs with other private professions in justice sector, including
advocates and notaries

- Admission and licencing requirements for bailiffs determined;

- CB and bailiffs provide regular and constructive inputs for major policy and regulatory initiatives related to justice sector reform

- Improved use of CB resources and funds

- Adequate financial resources for CB to effectively perform its role in promoting independence, accountability and competence of bailiffs

- Internal communication channels (including electronic workflow system and web-portal) between CB, bailiffs, and other State/non-State
actors in justice sector formalised and used regularly

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- Consistent response of CB to any interference with independence of bailiffs and violations of their rights

- Bailiffs participation in decision-making processes of other justice sector institutions when interests of bailiffs are affected

- Clear procedures for public access and participation at certain CB meetings in place, including timely prior announcement of meeting
agendas, publication of CB decisions with regard to enforcement governance system, etc.

- User satisfaction surveys used regularly by CB to measure and improve quality of member services

- Regular exchanges between CB/MOJ and European and international counterparts

- Clear, foreseeable, and applicable delineation of ethical rules (positive obligations, principles of behaviour) from disciplinary rules
(negative prohibitions, grounds for reprimand)

- Consistent application in practice of ethics/disciplinary rules by CB

- Financial responsibility of private bailiffs to CB by way of due payment of membership fees enshrined among key ethical rules

- Delineation and application of principles of proportionality and mitigating and aggravating factors in disciplinary cases

- Right of access to disciplinary case-file by bailiff concerned, scope and extent of obligation to provide information to third parties
and public about pending disciplinary cases defined

- Enlarged list of disciplinary sanctions, including lesser sanctions such as fines, remedial measures, and educational measures,
consistently and fairly applied

- Clear, foreseeable and applicable regulatory basis for online complaints, including disclosure of personal details of complainants, fees
to be paid

- Optional nature of initial training system for bailiffs; conditions in place for eventual move towards mandatory initial training system

- CB annual continuous training curricula and sound methodology of training in place

- CBTC carrying out training on a regular basis

- Initial and continuing training courses for bailiffs and other legal professionals (lawyers, judges, prosecutors, notaries etc.)
approximated, some curricula and courses harmonised

- Problem-based approach to training

- Continuous training system for bailiffs’ staff in place

- On-line and distance learning training available

- Key initial and continuing training subjects include international human-rights standards,

- Permanent pool of well-trained and experienced trainers, including trainers from regions, fully and regularly mobilised

- Application of penalties and other practical consequences for failure to take continuous training

- Experienced legal practitioners, including European and international counterparts, among regular trainers

- Favourable taxation regime for private bailiffs (tax regime of individual entrepreneurs under uniform tax system)

- Reviewed principle of the state bailiff’s remuneration by establishing direct proportion between the remuneration and results of
enforcement of court decisions

- Scope and extent of judicial control over any activities of bailiffs limited to very limited cases of necessity to protect fundamental
fairness;

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- Courts-practice attests qualified approach to personal data protection with regard to any actions of bailiffs,

- Stages and terms to kick-start enforcement process optimised to allow no unjustified refusal

- Effective incentives for voluntary enforcement of court decisions and sanctions against unwilling debtor in place

- Interoperability of CB and bailiffs’ IS with those of other justice sector actors,