The size of the fee in the case of a “voluntary” payment made directly to the bailiff – commentary on the ruling of the Constitutional Tribunal of 28 June 2017, P 63/14

Abstract

The ruling of the Constitutional Tribunal of 28 June 2017, P 63/14, despite its apparent unambiguity, has become the subject of exceptionally broad discourse among both practitioners of law and legal theorists. Although more than 4 years have passed since the date of its issuance, in the practice of courts and bailiffs, a uniform line of interpretation has still not emerged, and individual courts and individual officers interpret the ruling differently. Basing his analysis on the rich jurisprudence of common courts, reports of visiting judges and views of doctrine representatives, the author not only presents how common courts interpret the decision of the Constitutional Tribunal, but also questions the correctness of seemingly dominant line of interpretation.