Současná právní úprava institutu státní služby v České republice

Vol.4,No.4(1996)

Abstract
The institution of civil service has not been determined and regulated quite precisely in the existing law and order of the Czech Republic. For the time being we may only speak about so called special civil service, armed, within the framework which the status of soldiers, policemen and prison ward officers is determined. The status of civil administrative service is completely missing.

A general public administration reform is often discussed. One of its basic steps may be seen in adopting the Civil Service Act as predicted in the Constitution of the Czech Republic. This Act will, at an appropriate level, determine the employment of civil servants and establish optimum terms for proper exercise of general administrative service, while the special service will remain subject to regulation under specialized laws.

A basis for general civil service will be thus created by a public law official relationship between a state and a civil servant established by the appointment for a function. The civil servant will be, within the exercise of his service, imposed special duties on which will be compensated by other rights and advantages. The principle of disciplinary liability will also be determined. The whole Act will be based upon a career system establishing the institution of definitiveness.

The institution of civil service has to be established under the law properly in order that the executive power within the state might be appropriately exercised.


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