Postępowanie kwalifikacyjne wobec kandydatów do służby w formacjach mundurowych

Abstract

The Recruitment Procedure Applied to Candidates for Uniformed Services The article deals with regulations concerning the recruitment procedure which precedes employment of officers of uniformed services. The legislator did not decide to introduce a uniform model of recruitment procedure for all uniformed services, which is justified given specific tasks performed by particular services. Regardless of the justified differences between recruitment procedure concerning various uniformed services, a substantial similarity may be shown, namely that all of them are associated with the right of access to the public service, laid down in Article 60 of the Polish Con-stitution of 2 April 1997. The rationale for such considerations is justified by the signif-icance of the problem, but also by the fact that regulations governing the recruitment procedure are marginalised by law scientists. The purpose of the study is to resolve the doubts concerning the legal nature of the recruitment procedure and the tak-en in its course as well as to assess the provisions governing the recruitment procedure in the context of the right of access to the public service and the formal guarantees of that right. As a result of the analysis of the relevant provisions, it has been found that the recruitment procedure for candidates for uniformed sendces is public administra-tion proceedings. Activities undertaken by the entity conducting a particular procedure are other public administration activities within the meaning of Article 3(2)(4) of the Act on proceedings in administrative courts of 30 August 2002. The of the entity conducting the proceedings, such as exclusion of the candidate to take part in the recruitment process, staying of proceedings against a particular candidate and the final assessment may therefore be the object of a complaint lodged with the admin-istrative court. Also recognised is the need to introduce legal provisions systematising the issue of notification of recruitment for vacant positions in uniformed services as the basie condition for the implementation of the right of access to the public service.