Protection of a debtor against enforcement that violates his personal dignity, introduced by the so-called “Anti-crisis shield 3.0”

Article 952 (1) of the Code of Civil Procedure, in which the lawmaker has introduced new legal regulations into the domestic legal order regarding enforcement from real property used for housing purposes by a debtor, came into force on May 30, 2020. The aim of this study is to evaluate the above-mentioned legal regulation through the prism of the provisions of the Constitution of the Republic of Poland. There is no doubt that enforcement from real property concerns rights in property of both the parties to the enforcement proceedings, i.e. the debtor’s ownership title and the right in property of the creditor in the form of a claim. These rights are covered by the guarantees provided for in Article 64 of the Polish Constitution. Moreover, the right to enforce a court judgment, i.e., the right to effectively satisfy the entitled person in enforcement proceedings, is one of the components of the constitutional right to a court, enshrined in Article 45(1) of the Polish Constitution.