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Current Issues of the Service Relationship of Security Forces Members in the Court of Justice Case Law and the Impact on Public Service Practice

Author

Listed:
  • Zdenek FIALA

    (Police Academy of the Czech Republic)

  • Kristyna MLEZIVOVA

    (Police Academy of the Czech Republic)

  • Olga SOVOVA

    (Police Academy of the Czech Republic)

Abstract

The paper examines selected decisions of the European Court of Justice concerning the dismissal from service of members of the security forces. The article focuses on members' health capacity loss. The paper also highlights related issues such as ordering and reimbursing overtime work and duty readiness. The paper points out how the European Court of Justice case law influences the decision-making activity of service officials in general. The Czech armed corps practice and case law exemplify research issues. The authors place the solution to individual questions in the broader context of legal regulation to enable a more comprehensive understanding. The authors underline the critical attributes on which the service relationship of members of the security forces is conceptually built and controlled. Considering the most significant judgments of the European Court of Justice, the authors pond over the implementation of service relationship principles into European member states' legal and managerial practice. The authors examine the mentioned challenges through desk research and analyses of European and national legal legislation and case law. In conclusion, the authors evaluate the practical service needs of the security forces concerning the medical fitness of their members. Future legislation should consider the demands for physical fitness and psychological resilience, as well as the need for digital literacy of a public servant.

Suggested Citation

  • Zdenek FIALA & Kristyna MLEZIVOVA & Olga SOVOVA, 2023. "Current Issues of the Service Relationship of Security Forces Members in the Court of Justice Case Law and the Impact on Public Service Practice," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 12(2), pages 176-184, June.
  • Handle: RePEc:sja:journl:v:12:y:2023:i:2:p:176-184
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    File URL: https://www.adjuris.ro/revista/articole/An12nr2/3.%20Sovova,%20Fiala,%20Mlezivova.pdf
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    References listed on IDEAS

    as
    1. Vesna Buterin & Marinko Škare & Denis Buterin, 2017. "Macroeconomic model of institutional reforms’ influence on economic growth of the new EU members and the Republic of Croatia," Economic Research-Ekonomska Istraživanja, Taylor & Francis Journals, vol. 30(1), pages 1572-1593, January.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    public service relationship; security forces; security force member; dismissal; health capacity; overtime work; duty readiness.;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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