Filling Vacant Posts in Civil Service (de Lege Lata and de Lege Ferenda Remarks)

Abstract

The act of 21 November 2008 introduced more complex rules concerning general recruitment for Civil Service. The new regulations are intended to put the constitutional requirement concerning equal access to public services into practice by ensuring the transparency of procedures related to filling posts in Civil Service. This purpose is served by the legal regulation concerning the rules of public announcement of a vacant position and selection of the best applicant by way of competition.

Senior staff have been incorporated into Civil Service anew as the constitutional legislator’s goal, defined in Article 153 of the Constitution of the Republic of Poland, was not to create a body of civil servants consisting of lower or middle rank employees.

Recruitment for Civil Service nominated posts is essentially an internal recruitment procedure and is not open as such for the nomination procedure applies solely to civil servants, i.e. officials already employed and does not meet the requirements of a recruitment procedure.