Pozyskiwanie przez wierzyciela informacji o majątku zobowiązanego w egzekucji administracyjnej obowiązków pieniężnych
Obtaining Information on the Assets of the Debtor’s Assets in Administrative Enforcement of Monetary Liabilities

Summary/Abstract: The article regards one of the most important issues related to preparation of administrative enforcement of monetary liabilities, i.e. obtaining information on the assets of the debtor’s assets. From the governing provisions of the act on enforcement proceedings in administration, one must derive a standard imposing on the creditor the obligation to obtain information on the debtor’s assets, especially in the pre-enforcement phase, but also in the course of the enforcement proceedings as well as upon its (ineffective completion). Whereas, the legislator should create a precise and effective statutory regulation allowing the creditor to fulfil this obligation. The current statutory regulation is incomplete and gives rise to doubts as regards its compliance with the constitutional principles of specificity and proportionality. On the other hand, the judicial practice of the Court of Justice of the European Union demonstrates, however, existence of multiple barriers and legal situations resulting in occurrence of bases to refuse provision of information to creditors under the act on mutual assistance.

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