Law Amending the Civil Service Act (Journal of Laws of 2016, section 34)
Amendment removes of an open and competitive process of recruitment into Civil Service. According to the Law, the new system of recruitment will be a simple appointment under the Labour Code. This entails a discretion to terminate the employment relationship by dismissal; the new system opens the door to political appointments to senior positions in the Civil Service.
According to the Law, Head and Deputy Head of Civil Service do not have to be civil servants, do not have to have management experience and may terminate their political affiliation only immediately before the appointment and may be dismissed at any time without stating the reasons. Individuals in these positions have clearly become mere government officials with a political status.
OpinionOpinion of the Stefan Batory FoundationThe Law effectively deviates from the constitutional principle of political neutrality with respect to the entire Civil Service in Poland. It contradicts the concept of civil service - only operatives and support staff will be true civil servants as opposed to their managers whose impartiality would be critical.