Current Issues of the Service Relationship of Security Forces Members in the Court of Justice Case Law and the Impact on Public Service Practice Cover Image

Current Issues of the Service Relationship of Security Forces Members in the Court of Justice Case Law and the Impact on Public Service Practice
Current Issues of the Service Relationship of Security Forces Members in the Court of Justice Case Law and the Impact on Public Service Practice

Author(s): Zdeněk Fiala, Kristyna Mlezivova, Olga Sovová
Subject(s): Law, Constitution, Jurisprudence, Civil Society, Security and defense, Administrative Law, Labour and Social Security Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: public service relationship; security forces; security force member; dismissal; health capacity; overtime work; duty readiness;

Summary/Abstract: The paper examines selected decisions of the European Court of Justice concerning the dismissal from service of members of the security forces. The article focuses on members' health capacity loss. The paper also highlights related issues such as ordering and reimbursing overtime work and duty readiness. The paper points out how the European Court of Justice case law influences the decision-making activity of service officials in general. The Czech armed corps practice and case law exemplify research issues. The authors place the solution to individual questions in the broader context of legal regulation to enable a more comprehensive understanding. The authors underline the critical attributes on which the service relationship of members of the security forces is conceptually built and controlled. Considering the most significant judgments of the European Court of Justice, the authors pond over the implementation of service relationship principles into European member states' legal and managerial practice. The authors examine the mentioned challenges through desk research and analyses of European and national legal legislation and case law. In conclusion, the authors evaluate the practical service needs of the security forces concerning the medical fitness of their members. Future legislation should consider the demands for physical fitness and psychological resilience, as well as the need for digital literacy of a public servant.

  • Issue Year: 12/2023
  • Issue No: 2
  • Page Range: 176-184
  • Page Count: 9
  • Language: English
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