How does the enforcement of decisions work?

Mr. Jakub, who had won 200,000 crowns in a lawsuit against an acquaintance, contacted the Affordable Lawyer’s office. However, he knew that his friend currently had no money and had no intention of paying the debt, so he asked when and how he could begin to collect it.

In Mr. Jakub’s case, two concepts are key. The first is the finality of the judgment. The finality of a judgment generally means that the decision can no longer be challenged through ordinary legal remedies—typically an appeal—and its legal effects take effect. In exceptional cases, extraordinary remedies may still be available if permitted by law. This occurs when the deadline for filing an appeal has passed without action, or when the parties waive their right to appeal the judgment. There may also be situations where certain decisions cannot be appealed and are therefore immediately final.

A distinction must be made between “legal force” and the “enforceability” of a judicial (or administrative) decision, which means that compliance with the decision can be enforced even against the will of the person against whom it was issued. This means that if a debtor is required to pay a debt and has been given three days from the date the decision becomes final to make the payment, then once that period has expired without payment, the decision becomes enforceable, and compliance can be sought through legal channels. Enforceability was therefore the key concept for Mr. Jakub that allowed him to begin pursuing his claim, for example, through a bailiff.

For administrative decisions, enforceability is governed by the Administrative Procedure Code and may be subject to different rules. This article therefore focuses primarily on the enforceability of decisions in civil court proceedings.

The period for enforcement is typically three days, but it can also be fifteen days, for example, in the case of eviction from real property. For some judgments, however, no deadline for compliance is set, and they are therefore enforceable as soon as they become final (for example, a divorce decree). To calculate the enforceability period, however, it is essential to know whether the judgment has become final; this requires knowing when it was served on the other party and how that party responded. This information can typically be obtained by inquiring with the court that issued the decision. It is important to note that if the last day for filing an appeal falls on a Saturday, Sunday, or public holiday, an appeal may always be filed on the following business day. This postpones the entry into legal force and, consequently, the enforceability of the court decision.

Direct Enforceability vs. Preliminary Enforceability

In some cases , the term “direct enforceability” is used , which is highly recommended, for example, for loans and similar types of contracts. If the contract is concluded in the form of a notarial deed, direct enforceability can be specifically incorporated into it. Under such an agreement, the debtor commits to fulfilling their debt by a specific date and simultaneously allows the creditor to enforce the debt directly (typically through a bailiff) without the need for additional court proceedings. However, if the parties were to enter into a contract solely between themselves without the presence of a notary and one of them refused to pay, then under normal circumstances a pre-litigation demand would follow, leading to a protracted legal dispute.

Direct enforceability must also be distinguished from provisional enforceability, which is a specific legal concept that allows a judgment to be enforced even before it becomes final. This, of course, represents a significant departure from legal certainty and cannot be done at will. A court may opt for such a step when there is a risk of irreparable harm that would otherwise frustrate the purpose of the court’s decision.

Under the Civil Procedure Code, judgments ordering the payment of child support or wages for the last three months prior to the judgment’s pronouncement are provisionally enforceable. The court may also declare a judgment provisionally enforceable upon motion if a party would otherwise face the risk of irreparable or significant harm. Special rules apply in certain family law proceedings, such as in a petition for the return of a child in cases of international child abduction.

Example:

A typical example of the use of provisional enforceability involves child support cases, as waiting for a final judgment while the other party continuously files appeals can cause irreversible financial hardship for the custodial parent. The primary concern here is the child’s best interests; the child must have sufficient means to support themselves and cannot wait months or years for the appeal proceedings to conclude. Therefore, thanks to provisional enforceability, one parent can be ordered to begin paying child support in a specific amount immediately, even though proceedings will continue in which, for example, the obligated parent’s income and the child’s legitimate needs will be examined and substantiated in detail.

Another situation in which provisional enforceability would be appropriate would be in the case of the illegal exercise of patent rights. Let’s imagine that a pharmaceutical company discovered a new and revolutionary drug for a certain disease, patented its composition, but another company obtained this formula and used it to develop its own drugs. Both companies would certainly hire highly qualified and capable lawyers and embark on a legal battle that could last several years. However, the absence of a final (and enforceable) judgment could result in damages amounting to millions. Thanks to provisional enforceability, however, such damages can be prevented.

It should be noted that if it is necessary to prevent damages even before a judgment is issued, such situations are typically addressed through a motion for preliminary relief. Provisional enforceability applies only to a judgment that has not yet become final.

Finality, direct enforceability, and provisional enforceability are therefore not merely abstract concepts from legal theory. Understanding them is essential and plays a crucial role in the outcome of legal disputes. In the cases mentioned above, however, we referred only to the enforceability of a judgment. It is important to keep in mind that different rules may apply in this regard to court orders and payment orders.

Summary

Finality, enforceability, and provisional enforceability of a decision are key concepts that determine when and how a court decision can be enforced. A decision becomes final when it is no longer possible to appeal it. Only then can the decision become enforceable, meaning that compliance can be enforced, for example, through debt collection proceedings. A specific case is direct enforceability, which allows for the immediate collection of a debt without court proceedings, provided it was agreed upon, for example, in a notarial deed. Another exception is provisional enforceability, which allows for the enforcement of a decision even before it becomes final, typically in cases of child support or wages for the last 3 months prior to the judgment being rendered. A proper understanding of these principles is essential for enforcing rights in practice and minimizing delays in court proceedings.