O zasadach prawa urzędniczego (podstawowe problemy)
On the Principles of Clerical Law (Basic Aspects)

Summary/Abstract: The author points to the fact that the clerical law literature (created by both, the labour law experts as well as those specializing in the administrative law) lacks any well-organized thoughts about the principles of this area of law. Neither are any catalogues of principles prepared as in case of e.g. the labour law. There, in the Labour code, the legislator quoted the catalogue of basic principles, supplemented with the “ordinary rules” of science and judicature (parts I and III). The author presents the achievements of the theory of law and of the legal science referring to expression of the principles (part III), considering it substantial when evaluating principles of the clerical law. An attempt has been made to reconstruct such principles: constitutional (contained by the Constitution as well as those formulated by basic pragmatic assumptions of the clerical law). The author emphasizes some legal regulations of the acts regarding employees of the state administration, the civil service and the territorial government workers. These have been included in the subsequent chapters of the study (parts IV–V). Relations of such principles to other legal regulations, i.e. the administrative law, general rules of the code of administrative proceedings, provisions of the labour law: its sections and institutions, have been included in the general remarks and research demands in the final part of the study. Relations between the “civil service principles” and the civil service ethics have also been pinpointed.

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