Disciplinary Liability of Public Servants - With Particular Reference to Employees of Higher Education System - in Relation to Disciplinary Liability of Civil Servants in the Republic of Croatia

Abstract

The paper presents the legal regulation of disciplinary liability of employees of higher education institutions (public servants) and the regulation of disciplinary liability of civil servants in the Republic of Croatia, regulated by the Law on Civil Servants. At the outset, the legal nature of the public service relation is defined as an employment relation, and the concept of public servant is demarcated from civil servant, i.e. the legal definition of public and civil service within the single concept of public administration. In terms of disciplinary liability arising from the employment relationship, the legislative framework for initiating and conducting disciplinary proceedings, disciplinary acts for which the worker can be held responsible and disciplinary sanctions are determined, with special reference to the Croatian Labour Law. Both procedures are compared: the disciplinary procedure of public officials and the disciplinary procedure of civil servants, and the legal basis is specified. In the central part of the paper, we outline the disciplinary procedure for higher education employees in accordance with the provisions of the Law on Higher Education and Scientific Activity, including recent changes in the regulation of the disciplinary procedure in relation to the previous Law on Higher Education and Scientific Activity. The procedures of disciplinary liability, disciplinary acts and disciplinary measures determined by the general laws of four higher education institutions in the Republic of Croatia are compared. The authors conclude that the disciplinary procedure for employees of the higher education institution is vague and insufficiently regulated, because it is only regulated by the Law on Higher Education and Scientific Activity, which is not enough. The applicable law leaves too much autonomy to individual higher education institutions in the Republic of Croatia, which unnecessarily leads to possible different interpretations and a variety of internal regulations of the disciplinary procedure at different higher education institutions. The authors point to the need for additional (joint) legal regulation of procedures for violations of official duties, which would regulate disciplinary actions, minor and severe violations of official duties, procedures and sanctions at all higher education institutions. Harmonization of rights of all public servants (in state and public services) is suggested, as it would facilitate legal certainty for public servants. Further, adoption of the uniform disciplinary procedure for all public servants similarly is called for, particularly as it is stipulated by the law for all civil servants in the Republic of Croatia.