Jurisdiction of the Administrative Court in Cases concerning the Service Relationship of Professional Soldiers Cover Image

Właściwość sądu administracyjnego w sprawach ze stosunku służbowego żołnierzy zawodowych
Jurisdiction of the Administrative Court in Cases concerning the Service Relationship of Professional Soldiers

Author(s): Wioletta Witoszko, Dariusz Czartoryjski
Subject(s): History of Law, Sociology of Law, Court case, Administrative Law
Published by: Wydawnictwo Uniwersytetu w Białymstoku
Keywords: professional soldier; right to a trial; service relationship;

Summary/Abstract: The aim of the article is to analyze the legal regulations concerning soldiers in terms of guaranteeing them the right to appeal against decisions or other acts in cases related to the service relationship. This is because they give rise to the guarantees that an officer is entitled to have his or her case examined under the service relationship not only by an official body, but also by a court. Therefore, it becomes useful to analyze the presented issue in the light of the evolution of regulations concerning professional soldiers and administrative judiciary. The professional relations of professional soldiers are characterized by a greater degree of availability and administrative authority, which make it difficult for independent and impartial entities to examine their cases. The nature of the acts issued in official matters should be assessed and it should be determined whether the earlier provisions of official pragmatics or other legal regulations, in particular regarding the administrative judiciary, provided for the possibility of suing soldiers’ cases to a higher authority and to the court. The work uses sources in the form of previously binding legal acts concerning professional soldiers and administrative judiciary. In addition, the cited literary sources contain the analysis of the previous legal status, in particular in the scope of the activities of the Supreme Administrative Court. The article also analyzes the applicable legal acts and current jurisprudence.

  • Issue Year: 22/2023
  • Issue No: 2
  • Page Range: 61-76
  • Page Count: 16
  • Language: Polish