Proceedings on the dismissal of a court bailiff in the light of protecting of the right to court in civil cases

Abstract

The study presents considerations relating to the protection of the right to court of court bailiffs dismissed by decisions of the Minister of Justice pursuant to art. 19 of the Act on court bailiffs. The author presents the premises for changing the current regulation, according to which the decision to dismiss a court bailiff is appealed against to the administrative court, which, as a rule, adjudicates on the basis of the legality criterion, which limits the scope of the evidentiary proceedings. Due to the “economic” nature of the effects of a court bailiff’s dismissal, similarly to the expulsion from service on the basis of a final disciplinary decision, in this case a system of appealing against the decision of the Minister of Justice to a common court should be introduced.