The right to annual leave for officers – applying by analogy the provisions of the Labour Code to administrative employment relations in order to "fill" a gap in the law (Article 66(2) of the Constitution of the Republic of Poland, Art. 31(2) of the Chart
The author extensively presents the judgment, which in her opinion, may turn out to be the so-called milestone in the jurisprudence of the Supreme Court. Although its actual basis concerns a detailed issue related to the search for an appropriate indicator to calculate the value of the equivalent for an officer's unused annual leave, in view of the argumentation adopted in its justification, how and on what basis the gap in the law should be filled in, it may contribute to strengthen this line of argumentation in the legal discourse on the subjective scope of Art. 66 sec. 2 of the Constitution of the Republic of Poland, in which it is postulated that the social standard set out in this provision should be extended to all contractors, and not only those who are in labour employment relationships.