The civil service (c.s.) is a key element of any nation of law. As an institution responsible for exercising the public authority c.s. is not free from political pressure and takeover attempts for the purposes of the party. Polish experience in the creation of a politically neutral c.s. has not been impressive. The first regulation was created during the interwar period. After the World War II, the idea of an independent and professional c.s. was gradually dismantled to be completely abandoned in 1974. After the collapse of PRL, until 1996, there were several unsuccessful attempts to revive c.s. In that year the parliament adopted a basis for the c.s. system but even that attempt was subsequently revised in upcoming years by further changes (three new acts of law).Moreover, it has to be pointed out that during those years the actions of decision-makers concerning the c.s. have been the subject of jurisprudence by the Constitutional Tribunal. The rulings issued by the Tribunal have shaped the operational conditions which are important for c.s. and have developed an interpretation of the constitutional axioms of that institution. Analysis of key sentences of the Constitutional Court is the subject of this paper.
The main aim of this article is to analyze the organizational, legal, and systemic implications of the judgement of the Constitutional Tribunal in the context of the possibility that a civil service corps functions in the Polish Financial Supervision Authority (PFSA). The authors put forward and substantiate the thesis that the ruling of the Constitutional Tribunal definitely closed the possibility of establishing a civil service corps in the Polish Financial Supervision Authority, which resulted in significant legal and organizational consequences, both positive and negative. Firstly, it increases the flexibility of human resources management processes in the financial market supervisory authority, and thus permits to enhance the attractiveness of the employment. Secondly, it limits the possibility of interference by the representatives of the executive branch, such as the Prime Minister, in the substantive activities of the staff, as the Prime Minister is not their constitutional chief. Thirdly, closing the possibility of establishing a civil service corps in PFSA, while failing to establish other quality and independence assurances concerning employees of this institution, may negatively affect the quality of the functioning of the state in a holistic approach. As a result of the conducted analysis, it has been established that the systemic and legal status of the PFSA is characterized by a significant level of independence and autonomy. In the opinion of the authors, it is greater than in the case of other regulatory bodies which are also defined in law as central bodies of government administration. The authors also agree with the standpoint of the Constitutional Tribunal, which stated that the KNF Board is a public administration body functioning outside the structures of government administration. Therefore, there is no possibility for a civil service to exist in the PFSA.
Legal and organizational conditions of a system of liability of members of the civil service in Poland
The main aim of this article is to present and discuss the fundamental aspects of selected types of liability of the civil service members. Responsibility, as a rule, consists of the use of punitive sanctions i.e. the penalties for violation of: the rules laid down in specific obligation‑imposing laws and regulations, the principles of community life (especially in the context of vague quantifiers like sufficiently good repute) and rules of conduct defined by the concept of dignity of the office. There is no doubt that the possibility of responsibility reflects on the performance of the civil servants. Legal regulations concerning various types of liability are therefore primarily aimed at taking care of the public interest and realization of tasks of the State in accordance with applicable laws. Under the current legal regime governing the sphere of responsibility of the members of the civil service, responsibility/liability can be divided into the following types: disciplinary, criminal, material and financial for a blatant violation of the law or a breach of public finance discipline.
The position and the role of the province governor in the system of public deciding in the period of the Second Polish Republic in the years 1919–1928 in the context of creating structures of the territorial administration The aim of the article is to analyze the position and role of the voivode in the public decision-making process of the Second Polish Republic, in the context of creating administrative structures. This is an important issue due to the spectacular and impressive rate of development of the political model of the territorial administration in Poland after the First World War.
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