Dismissal From Service in the Police Under Art. 41 Section 2 Point 4 of the Act on the Police in Relation to the Acquisition of Pension the Rights Cover Image

Zwolnienie ze służby w Policji na podstawie art. 41 ust. 2 pkt 4 ustawy o Policji w związku z nabyciem przez funkcjonariusza prawa do emerytury
Dismissal From Service in the Police Under Art. 41 Section 2 Point 4 of the Act on the Police in Relation to the Acquisition of Pension the Rights

Author(s): Paweł Gacek
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: Police; Police officer; dismissal from service in the Police; administrative decision

Summary/Abstract: The article is entirely devoted to the issues related to the dismission from the service in the Police based on the Art. 41 (2) (4) Act on the Police. This provision conditions the dismission of a police officer from the fact of acquiring the right to a pension due to reaching 30 years of retirement service. Therefore, the prerequisite for the application of this legal ground for dismission from service was discussed. However, the decision in this respect is of a discretionary nature. Thus, it requires taking into account both the public interest and the legitimate interest of the party. Therefore, the limit of administrative discretion justifying the decision to dismiss on this legal ground was indicated.

  • Issue Year: 31/2021
  • Issue No: 1
  • Page Range: 27-42
  • Page Count: 16
  • Language: Polish