The Ombudsman asked the Minister of Finance, Jadwiga Emilewicz, to change the rules concerning the execution of bailiffs to persons conducting one-person business. According to him, the current legislation in this area is contrary to the constitutional principle of respect for dignity.
The Ombudsman considers that the rules governing the execution of bailiffs against individuals with a single economic activity are grossly violating the social sense of justice, as they are not subject to any restrictions, in particular they do not guarantee any social minimum.
The RPO emphasises that its responsibilities include, among others, the protection of small and medium-sized entrepreneurs. The fundamental flaw of the regulations criticised by him is the absence of restrictions on the scope of the bailout execution, i.e. there is no amount that would be released from the bailout execution to ensure a minimum of existence.
The RPO draws attention to similar provisions that set out such a minimum amount that the bailiff cannot occupy:
„to the debtor-employee, deductions on maintenance may be made up to 3/5 remuneration from the employment relationship and other receivables - up to half the salary. Pre-execution protection covers unemployment benefits, activation allowances, scholarships and training allowances’
According to the RPO, there is no reason why the social minimum should not be granted to persons with a single economic activity.