OBSADZANIA WYŻSZYCH STANOWISK W SŁUŻBIE CYWILNEJ
FILLING SENIOR POSITIONS IN THE CIVIL SERVICE

Summary/Abstract: Separation of the civil service from the wider public service is an expression of the belief that the efficient and professional execution of the state’s tasks is possible only under the condition that the construction of the administrative apparatus will take into account the principle according to which political posi-tions will be separated from the executive ones. The functioning of the civil service, understood as a professional and apolitical civil service, can be considered a standard of a democratic state of law. Therefore, reconstruction of the civil service in Poland in 1996 was the proof that the authorities noticed that the non-party bureaucratic apparatus was a guarantee of the effective execution of the State’s tasks and is a necessary condition for the realization of citizens' right to good administration.The article mentions several legal problems arising as a result of the amendment to the Civil Service Act made in December 2016. The main subject of the article is to assess the compliance with the Constitution of the Republic of Poland introduced by the Act cited above, the model of filling senior positions in the civil service. The paper presents the thesis that as a result of changes, several provisions of the civil service law violate the Constitutionally guaranteed citizens' right of access to the civil service and prevent the creation of the civil service in the form desired by the constitutional lawmaker.

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