The author analyses the notion of civil service with regard to a group of employees of the government administration (public officials) for whom a special law exists, set out in the Constitution. Due to the vagueness and diversity of terms used both in the Polish Constitution and in legal acts, there are disputes in the judicature and doctrine as for the scope of this law. These disputes are difficult to resolve also due to the multitude of organisational forms of public institutions. The article presents in detail problems related to this issue, and it focuses on system flaws that make it impossible to standardise the rights and responsibilities of officials, complicate the legal system and add to its inconsistency.
Financed by the National Centre for Research and Development under grant No. SP/I/1/77065/10 by the strategic scientific research and experimental development program:
SYNAT - “Interdisciplinary System for Interactive Scientific and Scientific-Technical Information”.