Disciplinary Responsibility

The list of issues that may be the subject of a disciplinary case in Poland is extensive, due to the fact that the mere violation of a civil service member’s duties can result in disciplinary liability. For this reason, disciplinary case-law plays an important role, specifying the criteria for this liability. Determining the accused’s guilt is crucial in this regard, as is the fact that disciplinary liability does not exclude other types of liability, including termination of employment. Furthermore, in accordance with the systematics of the Civil Service Act, selected legal issues raised in court decisions concerning disciplinary liability are presented, including the requirement of dignified conduct, the obligation to follow official orders, the requirement of apoliticality, the prohibition of subordination of close relatives, and the prohibition of engaging in additional gainful employment. The disciplinary liability of legal counsel employed in the civil service is also regulated. An employee’s (official’s) freedom of speech, including critical opinions about the workplace, while permitted, must remain within acceptable limits. Merely expressing views or running for public office does not constitute a violation of the requirement of apoliticality. A ban on subordination does not mean that close relatives cannot work at the same workplace. In turn, the ban on additional paid employment is not absolute, but requires a certain degree of sensitivity on the part of both the employer and the employee to avoid undermining trust in the civil service.