Official law

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OFFICIAL LAW ̶ a term defining a number of constitutional and statutory solutions, ordinances and ordinances aimed at regulating the public law status of employees and officials employed in the offices of public administration bodies and in other offices and units in the structure of public administration. Some researchers also call it public service law, which means that the regulations cover legal norms addressed to persons employed in performing public administration tasks in all state entities. A state employee as a normative category could justify a broad approach to the law, but it is only used by international agreements on the avoidance of double taxation, where a state employee is understood as natural person performing state functions for the government. Historically, in Poland the term was used in the interwar period and just after the war. From the 1950s o.l. constantly evolved, including the name - the terms law of state service and law of state administration employees were used. Return to the classic concepts of o.l. in Poland followed the adoption of the Act on employees of state offices in 1982. The subject of official law are employment relations; the following persons are subject to this law: persons in the process of recruitment for a clerk position, those employed in clerical positions (performing tasks of public law character, subject to the regulations specified in → official pragmatics). In Poland, o.l. embraces persons employed in official positions in government administration (members of the civil service and foreign service corps), local government (local government employees) and in other state offices (state officials employed e.g. in the Chancellery of the Sejm and Senate, Chancellery of the President of the Republic of Poland, the Commissioner’s For Human Rights Bureau ). O.l. does not cover persons employed in offices who, however, do not fulfill official positions (e.g. service positions), officers of state so-called uniformed services (Border Guard, Prison Service, Customs and Tax Service, Police, State Fire Service, State Protection Service, Internal Security Agency, Central Anti-Corruption Bureau, Intelligence Agency and Marshal's Guard and the army), judges and prosecutors. According to Teresa Górzyńska, o.l. should not be qualified as labor law due to the close relationship between regulations of the Act with the functioning of public administration as a structure of the state. (→ official) [J. Itrich-Drabarek]

Literature: T. Górzyńska, Polish clerical law - identity crisis, Warsaw 2016 ■ J. Itrich-Drabarek, The Civil Service in Poland - Theory and Experience, Frankfurt am Main 2015 ■ E. Ura, Clerical law, Warsaw 2012.

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