The Amendment to the Civil Service Act of 30 December 2015 in the Context of the Requirement of Political Neutrality of Civil Servants Cover Image

Nowelizacja ustawy o służbie cywilnej z dnia 30 grudnia 2015 r. w kontekście wymogu neutralności politycznej członków korpusu służby cywilnej
The Amendment to the Civil Service Act of 30 December 2015 in the Context of the Requirement of Political Neutrality of Civil Servants

Author(s): Adam Banaszkiewicz
Subject(s): Politics, Law, Constitution, Jurisprudence, Recent History (1900 till today)
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: state of law; civil service; principle of professionalism; political neutrality;

Summary/Abstract: Article refers to some elements of the content of the amendment of the Act of 21 November 2008 on the civil service, which was made by the law of 30 December 2015. In one of the provisions of the amendment changed the manner of selection of candidates for senior positions in the civil service. At the same time the person it-holders were included in the civil service corps. Free and competitive recruitment was replaced by vocation, which in some cases is undertaken by entities performing their functions on the political way. The question is whether it will not affect the operation of these people, and above all, on the criteria for their selection. First the author reminds the essence of the civil service, which in Poland goes back to its tradition of 1922. Subsequently, it presents the concept of creation, the meaning of existence and the history of this service in Poland. It begins by the Act of 1922 and indicates Acts of 1996, 1998 and 2006, briefly referring to the political realities of their adoption. Then he refers to the current legal status. In the key part of the article the author points out the importance of political neutrality, which is one of the principles on which civil servants should base their action. It ensures the functioning of the civil service professional and directing its activities in the public interest only, which is a prerequisite for the proper implementation of tasks of this service. Apart from that he expressed an opinion, what will be the effects in case of deviation from this principle (at the same time, then it may be motivated by a purposeful activity).

  • Issue Year: 25/2016
  • Issue No: 4
  • Page Range: 9-24
  • Page Count: 16
  • Language: Polish