Zasady postępowania egzekucyjnego w administracji a zasada proporcjonalności
The principle of proportionality and the principles of enforcement procedure in administration

Summary/Abstract: The aim of this paper is to estimate whether the rules, which govern Polish enforcement procedure in administration, fulfil the conditions of the fundamental rule of an European law culture – the principle of proportionality. The authors do not analyse all rules and principles which construct the administration enforcement procedure. They only search these which are derived from the Enforcement Procedure in Administration Act. The rest of them, taken from the Constitution of 2nd April 1997 and the Code of Administration Procedure are reduced to presenting conclusions. The first part is dedicated to the consideration of proportionality’s definition. The presented definition combines several ingredients that have their origin in judicial decisions of Polish Constitutional Tribunal and the doctrine. The defining process without above mentioned support would be impossible. The second part consists of the reconstruction and analyses of each principle of enforcement procedure in administration. These deliberations are also supported by many examples of administrative judicial law this time ruled by the Supreme Administration Court. The last part contains the conclusion, which points explicitly that Polish legislative authorities have formed the structure of administrative enforcement procedure as a ‘proportional’ one – as it acts in creditors interests on the one hand, but on the other hand – protect debtors against abuse of enforcement authorities. This is a key of the principle of proportionality – to balance their interests and fulfil all of them optimally.

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