7. THE BAILIFF OFFICE
|The Bailiff Office is attached to the courts of first
instance. As a consequence, it is erroneously perceived as part of the judiciary. In fact,
the Bailiff Office is expected to execute both judicial decisions and a certain category
of administrative decisions (the so-called writs of execution).
Whereas a new law on the Bailiff Office is being prepared by the Ministry of Justice in conjunction with the Institute for Policy & Legal Studies and the Institute for Contemporary Studies, for the time being, the Bailiff Office conducts its business in virtue of articles 527-617 of the Code of Civil Procedure. The said provisions are divided into ten chapters dealing respectively with the following issues:
As for the execution of administrative writs of executions, the Bailiff Office derives authority directly from the law (a typical sentence in a law would be the decision x of authority y is a writ of execution to be executed by the Bailiff Office).
In terms of procedure, the Office uses, by analogy, the procedure specified in the Code of Civil Procedure for the judicial decisions.
Presently, there is no law on the Organisation of the Bailiff Office except for a few provisions in a Law of 1991 on the Ministry of Justice. Obviously it is badly needed (the Ministry of Justice is already considering some drafts).
From the point of view of funding, the Office is considered to be part of the judiciary. Its budget (it is extremely meagre) is a part of the overall judicial budget.
The upcoming law on the Bailiff Office should provide a response to the following issues:
In several occasions, the Government has expressed its willingness to co-operate with all interested actors during the legislative process.
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Institute for Policy & Legal Studies 2000