The employment of civil servants : current problems

The article has been submitted to the fundamental problems of civil service law and employment of officials. The concept of a civil service law occurs in the doctrine of employment law, rather than in the language of the law. The concept of civil service law relates to employment in the executive bodies and its primary category is the concept of an official. Civil service law regulates the status of the officials employed in government offices, non-governmental administrations, local government administration and with some additional reservations in the courts and the public prosecutor's office. Currently, it is considered that the civil service law is a part of the labour law, though genetically derived from public law. The most common basis for the employment of officials is a contract of employment. Another basis of the employment relationship in administration is nomination, appointment and selection. The legal situation of officials has been discussed not only from the perspective of labour law but also in constitutional aspect. The article shows the importance of the principle of political neutrality of the civil servants for the constitutional idea of civil service. The article presents also issues related to the recruitment process for a position in the public sector from the point of view of the principle of equal access to posts in the public sector. The higher positions in the civil service are of particular importance in the structures of the public administration, what concerns especially the position of the Director-General of the Office. Unfortunately, the legislature gave up an open and competitive recruitment for senior positions in the civil service. The article shows the impact of recent changes in the labour code and in the law on civil service on the legal position of public administration officials and process of creating professional and impartial civil service.