The disciplinary proceedings in Polish Border Guard and the Government Protection Bureau in the case law of the administrative courts
Polish Border Guard and the Government Protection Bureau are uniformed services whose status officers and the rules of the service are regulated in a similar manner. However, in the case of the disciplinary proceedings in both services there are significant differences in the legislation governing the liability of officers. A Polish Border Guard officer is subject to disciplinary action for the violation of professional discipline, ethics violations and other cases established by law. The list of acts for which he is liable to disciplinary action is closed. However, an officer of the Government Protection Bureau renders himself liable to disciplinary action for violation of professional discipline and in other cases provided for by law, and therefore the list of disciplinary offenses is open. A disciplinary superior in Polish Border Guard and the Government Protection Bureau combines the functions of the entity engaged in the disciplinary proceedings and adjudicating, and an accused officer can use the help of a professional attorney. The rights of accused officers should be strictly observed by their disciplinary superiors. Weaknesses in this area result in the repeal of disciplinary decisions by the administrative courts. The penalty catalogue in both of the uniformed services is similar. However, the decision on the sentence should always provide reasons for the choice and severity of penalty. The disciplinary superior justifying the penalty should rely on the objectives of proceedings, the nature of the offense and the attitude of the punished officer. No ruling shall be allowed, unless it provides reasons for disciplinary punishment.
Wydział Prawa i Administracji Uczelnia Łazarskiego w Warszawie
Publication order reference