<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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.</p>
</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.

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

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Among the prerequisites for optional dismissal from service, which are specified and do not leave the authorities any leeway in their assessment, a general...

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

Online veröffentlicht: 20. Juli 2021

Seitenbereich: 147 - 157

Eingereicht: 14. Apr. 2021

Akzeptiert: 09. Mai 2021

DOI: https://doi.org/10.15290/bsp.2021.26.02.10

Schlüsselwörter
general clause, important interest of the service, optional discharge from service

© 2021 Wioletta Witoszko, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

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

Online veröffentlicht: 20. Juli 2021

Seitenbereich: 147 - 157

Eingereicht: 14. Apr. 2021

Akzeptiert: 09. Mai 2021

DOI: https://doi.org/10.15290/bsp.2021.26.02.10

Schlüsselwörtergeneral clause, important interest of the service, optional discharge from service

© 2021 Wioletta Witoszko, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Schlüsselwörter
general clause, important interest of the service, optional discharge from service