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DOI: 10.33226/0032-6186.2022.8.6
JEL: K31
Michał Skąpski ORCID: 0000-0001-8047-4713 , e-mail: skapski|amu.edu.pl| |skapski|amu.edu.pl

Conseqences of the liquidation of the Disciplinary Chamber of the Polish Supreme Court for the legal status of her employees

The article concerns the legal consequences of the liquidation of the Disciplinary Chamber of the Supreme Court and the Chancellery of the President of the Disciplinary Chamber for the employees of these units. In the Act of June 9, 2022, liquidating these units, special provisions were laid down for judges of the Disciplinary Chamber and employees of the Chancellery. The status of other persons employed in the Disciplinary Chamber is regulated by common law. The text explains the separate functioning of the Disciplinary Chamber in the Supreme Court. Next, the analysis covers the legislative and constitutional coherence of the provisions concerning the retirement of the judges of the Disciplinary Chamber. Many doubts are also related to the change of the workplace and the proper application of Article 231 of the Polish Labour Code to the employees of the liquidated Chancellery. Some of them are not applicable, others require the adaptation of the standards contained therein to the situation in which there is no change of employer. The untypical and controversial nature of some of the solutions applied shows the legislator's determination to strengthen the legal position of the employees of the Chancellery of the President of the Disciplinary Chamber. However, these actions did not cover the remaining administrative employees of the Disciplinary Chamber.

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Keywords: Disciplinary Chamber of the Supreme Court; Chancellery of the President of the Disciplinary Chamber; retirement; application of Article 231 of the Polish Labour Code

References

Bibliografia/References
Safian, M, & Bosek, L. (Red.). (2016). Konstytucja RP. Komentarz. Tom II. C.H.Beck.
Hajn, Z. (2017). W G. Goździewicz (Red.), System prawa pracy. Tom 2. Indywidualne prawo pracy. Część ogólna. Wolters Kluwer.

 

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