Service Regulations vs. other internal regulations in the management of the field of civil service Cover Image

Služební předpisy vs. jiné vnitřní předpisy v řízení oboru státní služby
Service Regulations vs. other internal regulations in the management of the field of civil service

Author(s): Kateřina Frumarová
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Univerzita Palackého v Olomouci
Keywords: civil service; civil servant; service regulations; other internal regulations; bind¬ing; disciplinary liability

Summary/Abstract: The article deals with the issue of internal normative acts in the field of manag¬ing the performance of the civil service. It points to the inadequacy of the concept, when on the one hand, the service regulations are regulated to an above-standard level by the Civil Service Act, and on the other hand, as for other internal regulations, any legal regu¬lation is (traditionally) absent. The author points to several selected areas, such as the resolution of mutual conflicts between these regulations, their illegality and the procedure for remedying or establishing disciplinary responsibility in the situation of their violation, while also focusing on whether the legis analogy can always be used, or how to solve this duality of internal regulations and the resulting effects. In conclusion, she reflects on the practical effects of this concept and proposes changes to the de lege ferenda.

  • Issue Year: 18/2023
  • Issue No: 3
  • Page Range: 81-92
  • Page Count: 12
  • Language: Czech