REFERENDARZ SĄDOWY NIE JEST UPRAWNIONY DO ROZPOZNAWANIA SKARG NA CZYNNOŚCI KOMORNIKA (ART. 767 K.P.C.) Glosa do uchwały Sądu Najwyższego z 26 czerwca 2014 r. III CZP 30/14 (Lex Polonica nr 8532895)
THE COURT STATED THAT THE JUDICIAL OFFICER IS NOT ENTITLED TO HEAR COMPLAINTS AGAINST THE ACTS OF THE COURT EXECUTIVE OFFICER (ARTICLE 767 OF THE CODE OF CIVIL PROCEDURE). GLOSS TO THE SUPREME COURT RESOLUTION OF 26 JUNE 2014

Summary/Abstract: The subject of this paper is the analysis of the resolution of the Supreme Court of 26 June 2014, in which the Court stated that the judicial officer is not entitled to hear complaints against the acts of the court executive officer (Article 767 of the Code of Civil Procedure). As ground for its judgment, the Court ruled that none of the provisions of the Code of Civil Procedure entitle the judicial officer to hear complaints against the acts of the court executive officer and such a power cannot be drawn only from the fact that the Article 7673 is located directly after the Article 767 of the Code. The gloss deepens the Supreme Court deliberations by discussing competences of the judicial officer in the enforcement proceedings and presenting the institution of the complaint against the acts and omissions of the court executive officer. It also presents other arguments confirming the validity of the discussed resolution, indicating the possibility of infringement of the principle of legal equivalence of citizens as well as the lack of capability of the judicial officer to perform control over his own decisions after they were appealed against, which also excludes the possibility of controlling actions of other judicial authorities.

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