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Alternative title:

Change of the legal status of the customs service officer from the administrative and legal relation to the contractual relation — in the context of the rule of law

ORCID:

0000-0001-6896-6790

Subject and Keywords:

reform of customs and tax administration   officer of the Customs Service   right to court   dismissal from service

Description:

Tyt. tomu: Praworządność, decentralizacja, przedsiębiorczość. Księga jubileuszowa Profesora Leona Kieresa

Abstract:

On March 1, 2017, acts reforming the customs and tax administration system came into force. They introduced not only changes in the system of organs and organizational structure of this administration, but also significantly influenced the legal status of Customs Service officers. Not all officers were offered further service in the newly created customs and tax administration. Some of them received offers of employment in positions of civil part — in general has not been employed for a further period. In both cases, the relationship was terminated, which in the light of the adopted statutory solutions is treated as an exemption from service. A very large group of officers filed appeals to administrative courts, some of them — also to common courts. Against the background of the provisions formulated in such a way, the question arises: whether the change of the legal status of the Customs Service officer from the administrative and legal relation to the contractual relation made by the director of the customs chamber as part of the powers entrusted to him, is in line with the rule of law. The answer to this question will ultimately be given by the courts. The study will, however, present general observations regarding the existing situation.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2018

Date copyrighted:

2018

Resource Type:

text

Identifier:

ISSN 0239-6661   ISSN 0137-1134

DOI:

10.19195/0137-1134.114.16

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3833. Przegląd Prawa i Administracji, ISSN 0137-1134, 2018, 114, s. 255-268

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.