The Important Interest of the Service as an Optional Reason for Dismissal from Service in the Form of a General Clause Cover Image

Ważny interes służby jako przyczyna zwolnienia ze służby o charakterze klauzuli generalnej
The Important Interest of the Service as an Optional Reason for Dismissal from Service in the Form of a General Clause

Author(s): Wioletta Witoszko
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Temida 2
Keywords: general clause; important interest of the service; optional discharge from service; klauzula generalna; ważny interes służby; fakultatywne zwolnienie ze służby

Summary/Abstract: Among the prerequisites for optional dismissal from service, which are specified and do not leave the authorities any leeway in their assessment, a general reason, such as an important interest of the service, has been normalized. The concept of an “important interest of the service” is not defined, so this premise should be specified in each case by indicating both objective and subjective circumstances. The interest of the service is a set of values that the normal system should uphold when tasks in the field of safety and public order are carried out. One element of officer protection is the requirement to consult a company trade union organization before issuing a decision on dismissal from service due to an important interest of the service. Moreover, the decision to dismiss someone from the service may be issued only by the higher superior, who guarantees that the correct decision will be made and has greater competence in assesing the needs of the service and its interests.

  • Issue Year: 2/2021
  • Issue No: 26
  • Page Range: 147-157
  • Page Count: 11
  • Language: Polish