2023-07-28 12:06:00
The study by the FPS Economy Price Observatory published on Thursday “confirms the existence of unacceptable practices on the part of certain bailiffs”, declared the Minister of Justice, Vincent Van Quickenborne (Open VLD).
The latter also pointed to the obsolete nature of the pricing of judicial officers. “This system is not transparent and has remained unchanged since 1976. It encourages abuse and needs to be reformed with clear and unequivocal tariffs, as well as stricter disciplinary procedures. This last measure is already in place,” asserted Mr Van Quickenborne.
Towards fixed fees
Thus, a new disciplinary council for notaries and bailiffs will come into operation next year. “Just as I did for the notarial profession, I now want to tackle the fees and procedures of the debt industry. So I have drawn up a proposal which is currently being discussed within the government. We are moving towards fixed fees that no longer allow all sorts of dubious additional fees to be charged. This proposal should be voted on before the end of the legislature,” he said.
In its study, the Price Observatory of the FPS Economy pinpointed the obsolete pricing of judicial officers and their unsuitable practices. He also pointed to a lack of transparency regarding their costs and fees. The National Chamber of Judicial Officers of Belgium (CNHB), the professional association of the sector, acknowledged in a press release that its pricing was indeed obsolete and condemned unsuitable practices, hammering that “each abuse is one abuse too many” .
Bailiffs are public officers, responsible for drafting authentic deeds and ensuring the execution of court decisions, such as the recovery of debts in the judicial phase in particular. They also benefit from extrajudicial skills, including the amicable recovery of debts, for which they have no legal monopoly, and no obligation to intervene. The tariffs applied within the framework of their public missions are for the most part determined by law or by the National Chamber of Judicial Officers of Belgium, the professional association of the sector.
In 2021, Belgium had 592 bailiffs and 355 candidate-bailiffs, spread over 245 offices. Although judicial officers have suffered more from the health crisis than other comparable liberal professions, the profitability of the sector remains positive as a whole.
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