Too long life of the Act on Office Employees

Streszcz. ang. s. 293. Bibliogr. s. 305-306

In 1982, the Act on State Office Employees was passed. Despite the establishment of the civil service, which, according to Art. 153 of the Constitution should serve government administration offices, the 1982 Act is still in force, although its repeal has been announced many times. This is mainly because the 1982 Act, unlike the Civil Service Act, does not provide for a public procedure for equal recruitment for vacant official positions, which allows all political decision-makers to fill these positions through their discretion. However, this constitutes a violation of Art. 60 of the Constitution, which provides citizens with equal access to public service. The data collected under the Act on Access to Public Information shows that the number of people subject to the 1982 Act is very large and, moreover, that numerous important positions in the offices of the supreme state administration bodies are filled on its basis. This is to the obvious detriment of the public interest, especially since the 1982 Act does not contain a whole range of legal structures and requirements intended to ensure professional, reliable and impartial operation of the administration, as required by Art. 153 of the Constitution. The article contains a polemic with arguments about the need for special trust in employees, pointing out their extra-legal nature, as well as the dangers resulting from these assumptions. The thesis is the need to repeal the 1982 Act as soon as possible, as it has already been announced many times.