1.

England and Wales

There are three types of enforcement agents:
1. Employed by Government
2. Employed by Courts
3. Private certified agents (those working for a company or self-employed)
Private enforcement agents are authorized to enforce debt by action against goods and possessions
of the debtor.
Acts governing activities of private enforcement agents
1. The Certification of Enforcement Agents Regulations 2014 establishes detailed procedure
for the certification of enforcement agents1
2. Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, 2 The Taking Control of
Goods Regulations 2013,3 The Taking Control of Goods (Fees) Regulations 2014 4 which
govern the procedure for debt enforcement and recovery of fees for agents services
3. National Standards for Taking Control of Goods issued by the Ministry of Justice 5 which are
not legally binding
Conditions and procedure for granting a certificate
Certificates are issued by the County Court judge for the term of two years if:
- the applicant is a fit and proper person to hold a certificate;
- the applicant possesses sufficient knowledge of relevant legislation
- the forms which the applicant intends to use when exercising agents powers conform with
relevant regulations
- the applicant does not carry on, and is not and will not be employed in, a business which
includes buying debts.
Before a certificate is issued, the applicant must lodge in court by way of bond security totalling
10,000. The certificated person must maintain this security throughout the duration of the
certificate. It is used to secure the agents duties and the payment of any reasonable costs, fees and
expenses incurred in the investigation of any complaint made to the court against the certificated
person in the capacity of an enforcement agent.
2. Visegrad Countries
2.1.
Hungary
There are two types of bailiffs:6
- independent court bailiffs
- county court bailiffs
Acts governing activities of enforcement agents
Act LIII of 1994 on Judicial Enforcement
Fees are regulated by Decree 14/1994 (IX.8) IM
The work of independent court bailiffs is supported by substitute independent court bailiffs and
assistant bailiffs, while the county court bailiffs are supported by substitute county court bailiffs and
assistant bailiffs.
Competence
1 http://www.legislation.gov.uk/uksi/2014/421/part/1/made
2 http://www.legislation.gov.uk/ukpga/2007/15/schedule/12
3 http://www.legislation.gov.uk/uksi/2013/1894/pdfs/uksi_20131894_en.pdf
4 http://www.legislation.gov.uk/uksi/2014/1/contents/made
5 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/353396/takingcontrol-of-goods-national-standards.pdf
6 https://pravosudje.gov.hr/UserDocsImages/dokumenti/Projekti/IPA%20komponenta%20I/Final
%20Report%20Activity%201%201%203.pdf p. 22

As a general rule, claims included in court decisions made in civil cases are executed by
independent court bailiffs. Independent court bailiffs are appointed by the Minister for Justice to
join a given local court (helyi brsg) in a given area of competence.
Independent court bailiffs are not employed by the State; their income is paid by clients as
consideration for their work.
Their range of activities is the following:
- execution is based on a certificate of enforcement issued by the court;
- execution is based on a document with a writ of execution issued by the court;
- execution is based on a judicial order or restraint of enforcement, or order of transfer,
furthermore, a decree of direct judicial notice.7
Conditions and procedure for appointment
An independent court bailiff is appointed by the minister of justice.
In order to be appointed as a judicial officer, a person must:
- be a Hungarian national;
- have a clean criminal record;
- be at least 24 years old;
- enjoy full civil rights;
- have successfully completed the professional exam;
- have completed two year's training as an assistant judicial officer (vgrehajt-helyettes);
- have a specialist post-graduate diploma;
The self-governing body of bailiffs is the Hungarian Chamber of Court Bailiffs. Independent court
bailiffs become members of the Chamber when appointed, or when registered in the register of
bailiff substitutes or assistant bailiffs. The Chamber supervises the activities of bailiffs and can
investigate them.
More at http://www.europe-eje.eu/en/fiche-thematique/note-2-actors-enforcement-2.
2.2.
Czech Republic
There are two types of enforcement agents:8
1. Bailiffs working at courts
2. Private executors - private individuals licensed by the state and organized under the
Chamber of Executors
Acts governing activities of private enforcement agents
Activities of private enforcement agents are governed by the Act No. 120/2001 Coll. on Court
Executors and Execution (Enforcement Procedure).9
Conditions and procedure for granting a licence10
The licensed executor shall be appointed for an indefinite term The procedure depends on a position
becoming vacant at an Executors Office or if there is an increase in the number of Executors
Offices. A selection procedure shall be organised within 1 month and anyone complying with the
conditions may participate. The Chamber of Licensed Executors of the Czech Republic shall submit
a proposal for the appointment of the licensed executor to the Ministry of Justice within 1 month of
the completion of the selection procedure. The Minister shall appoint the bailiff within 1 month of
receiving the proposal.
Any Czech citizen may be appointed a licensed executor, providing that he:
- has full legal capacity
- has completed their full university education at a Faculty of Law of a university established
in the Czech Republic or obtained a degree abroad, which was recognized in in the Czech
Republic
7 https://e-justice.europa.eu/content_legal_professions-29-hu-en.do?member=1
8 https://www.coe.int/t/dghl/cooperation/cepej/evaluation/2014/Czech%20Rep_2014.pdf p. 44
9 http://www.czechlegislation.com/en/120-2001-sb
10 http://www.businessinfo.cz/en/articles/executing-enforcement-orders-conditions-8095.html

is a person of probity
has completed at least three years of traineeship as a licensed executor (practice in the
position of judge, prosecutor, lawyer, notary, commercial lawyer, prosecuting attorney,
trainee judge, prosecution trainee, legal trainee, etc. also suffice)
- has passed a licensed executors examination
A licensed executor may only pursue their activities provided that:
- they have taken an oath in front of the Justice Minister
- have taken out a professional liability insurance policy against damage or loss that may be
incurred in association with pursuing the activities of a licensed executor.
2.3.
Poland
The status of a bailiff in the Polish legal system is a special one.
On the one hand, the bailiff is a public official, a special kind of the state body authorized to impose
penalties, subordinated to the supervision executed by a court at which he operates, the body which
maintains the public relationship with the parties (not a private one).
At the same time he runs his business (economic activity) on his own account i.e. he collects the fee
for the enforcement activities he carries out (apart from, disconnected from the principle of the
budget connection with the State Treasury), whereby it is worth also noting that the bailiff is not an
entrepreneur within the meaning of the Polish Act on Freedom of Economic Activity.11
The judicial officer is a public officer acting within the territory of a district court (Article 1 of the
Act). Auxilliary bodies of the administration of justice, the judicial officers perform function of
public authority but they are independent professionals, who act under the supervision of different
bodies.
Acts governing activities of enforcement agents
Act of 29 August 1997 on judicial officers and enforcement
Competence
Enforcement actions in civil matters shall be performed exclusively by a judicial officer, subject to
the exceptions provided for in other acts (Article 2 clause 1 of the Act).
Conditions and procedure for appointment
A judicial officer shall be appointed by the Minister of Justice in response to the application of the
person concerned (Article. 11 clause 1 of the Act).
A person appointed as a judicial officer shall be one who:
- is a Polish citizen;
- has full legal capacity;
- has an unblemished reputation;
- has not been convicted of a criminal offence or a tax offence;
- is not suspected of having committed a criminal offense or a fiscal offense;
- has completed a degree in law in the Republic of Poland and obtained a master degree of
law or holds a degree in law from a foreign university which is recognised in Poland;
- is in sufficiently good health to discharge the duties of a judicial officer;
- has completed a period as a trainee judicial officer;
- has passed the judicial officer's examination;
- has worked as an assistant judicial officer for at least 2 years;
- is at least 26 years of age.
More at http://www.europe-eje.eu/en/fiche-thematique/note-2-actors-enforcement-3.
2.4.
Slovak Republic
In the Slovak Republic the judgement execution is in most cases provided by Executors office. An
executor is a freelance legal profession.
Acts governing activities of private enforcement agents
The Act on Judicial Executors and Execution Agency (Act. no. 233/1995 Coll. Executors Code)
11 http://www.uihj.com/ressources/21648/36/banach_-_w2tr.pdf

Executors are consorted in an autonomous organization Chamber of Executors of the Slovak

Republic with the seat in Bratislava.
The authority of executors includes all judgement executions except for
3. collecting of justice claims (ex officio executions) 2.
4. decisions on the upbringing of the minor child (Civil Procedure Code 272 - 273c)
The judgement execution in these two cases is the exclusive authority of the court.12

12 http://ec.europa.eu/civiljustice/publications/docs/family_rights/slovakia_en.pdf p. 2