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Mgr Dominik Łukowiak
ORCID: 0000-0002-8539-1340

Mgr Dominik Łukowiak, PhD candidate at the Department of Constitutional Law, Faculty of Law and Administration of University of Warsaw, law clerk at the Provincial Administrative Court in Warsaw.

 
DOI: 10.33226/0032-6186.2020.8.5
JEL: K31

The paper discusses the legal consequences of the judgement of the Polish Constitutional Tribunal in case no. K 7/15, which challenged the constitutionality of the existing rules for determining the amount of the payment for leave not taken of a dismissed policeman. The legal loophole and the state of normative uncertainty that have arisen as a result of the ruling, aggravated by the legislator's inaction in adopting new regulations, have caused numerous problems in the legal practice. It is not only public administration bodies, but also administrative courts that are facing them now. The author tries to point out these problems and, referring to the theoretical model of effects of constitutional court's rulings, developed in the jurisprudence, indicates some possible ways to solve them. The analysed issues go beyond the direct consequences of the judgement, and thus the latter constitutes only a starting point for further considerations, which refer to specific methods of legal interpretation, inter alia, the concept of direct application of the constitution.

Keywords: right to rest; payment for leave not taken; police officers; service officers; Polish Constitutional Tribunal