Suspension of a firefighter from duty: procedure, consequences and statistics (2013–2024)

• Autorzy: Witczak Damian , Witczak Anna

Identyfikatory

DOI

10.5604/01.3001.0055.1738

• Języki publikacji: EN

Abstrakty

EN

The article attempts to thoroughly address the issue of suspending firefighters from their duties during the years 2013–2024. It involves the applicable legal regulations, stages of administrative procedures, and the authorities responsible for issuing such decisions. The article also examines the legal and professional implications of suspension. A novel aspect in the research approach is the inclusion of statistical data regarding the number and course of proceedings in the discussed period, which not only describe the legal mechanisms but also evaluate their practical functioning. The aim of the article is to analyze the legal and practical aspects of suspending firefighters from their duties and to assess the effectiveness of this institution in light of the data from 2013–2024. The work aims not only to present the procedures but also to add value by diagnosing administrative practice in this area, constituting a new element in Polish literature on the subject. The following research questions have been posed: Is the firefighter suspension procedure in line with the principles of the rule of law and does it provide the officer with appropriate guarantees? What are the legal, professional, and social effects of suspension from service? Was the suspension institution applied more frequently in certain years and for what reasons? The following hypotheses have also been formulated: 1. The procedure for suspending an officer is highly formalized and standardized, yet not always transparent to the participants in the proceedings. 2. Suspension causes significant and lasting legal and social effects on the officer, regardless of the final outcome of the case. 3. During the analyzed period, significant quantitative and qualitative changes in the application of the suspension institution can be observed. The study applied the method of legal (dogmatic) analysis through a review of the legislation governing the suspension of officers in their duties, case law, and literature on the subject. The empirical part employed statistical analysis—the numerical data concerning administrative proceedings conducted by the relevant authorities in the years 2013–2024 were compiled. This data was obtained from official sources (reports from the National Headquarters of the Fire Service, public inquiries), allowing a reliable comparative analysis. The innovative nature of the work is demonstrated in the combination of normative analysis with an empirical assessment of the effectiveness and frequency of suspension in practice. Previous publications have mainly focused on the description of legal provisions—this study fills a gap in the literature by evaluating to what extent suspensions are implemented in accordance with the letter and spirit of the law and what effects they have on officers.

Słowa kluczowe

EN

firefighter; suspension; emoluments; decision

• Wydawca: Szkoła Główna Służby Pożarniczej
• Czasopismo: Zeszyty Naukowe SGSP / Szkoła Główna Służby Pożarniczej
• Rocznik: 2025
• Tom: Nr 94 (tom 2)
• Strony: 211--224
• Opis fizyczny: Bibliogr. 15 poz., rys., tab.

Twórcy

autor

Witczak Damian

• legal counsel, Department of Security Sciences and Criminal Law, Faculty of Law and Administration, Kazimierz Pułaski University of Radom

• https://orcid.org/0009-0003-3012-731X

autor

Witczak Anna

• assistant judge at the Supreme Administrative Court

Bibliografia

• 1. Act of 18 February 1994 on pension provision for officers (i.e. Polish Journal of Laws of 2023, item 1280, as amended).
• 2. Będziejewska-Michalska, M., (2020). Konsekwencje prawne zawieszenia w czynnościach służbowych. Policja 997, no. 2(179).
• 3. Judgement of the Provincial Administrative Court in Łódź of 11.09.2015, III SA/Łd 581/15, LEX No. 1804242.
• 4. Judgement of the Provincial Administrative Court in Olsztyn of 1.07.2008, II SA/Ol 335/08, LEX No. 513656.
• 5. Judgement of the Provincial Administrative Court in Warsaw of 18.10.2022, II SA/Wa 265/22, LEX No. 3501120.
• 6. Judgment of the Constitutional Tribunal of 6.12.2011, ref. no. SK 3/11.
• 7. Judgment of the Provincial Administrative Court of Kraków of 25.01.2023, III SA/Kr 1141/22, LEX nNo.3483831.
• 8. Judgment of the Supreme Administrative Court of 14.02.2017, I OSK 2885/15, LEX No. 2239991.
• 9. Judgment of the Supreme Administrative Court of 19.04.2023, III OSK 7448/21, (available in CBOSA).
• 10. Judgment of the Supreme Administrative Court of 7.03.2013, ref. no. I OSK 1186/12.
• 11. Judgment of the Supreme Court of 8.11.2012, II UK 92/12, LEX No. 1619650.
• 12. Judgment of the WSA in Olsztyn of 11.02.2021, II SA/Ol 915/20, LEX no. 3144285.
• 13. Judgment of the WSA in Olsztyn of 3.10.2017, II SA/Ol 651/17, LEX no. 2379210.
• 14. Panel of seven judges of the Supreme Administrative Court of 20.05.2010, ref. no. I OPS 13/09.
• 15. Witczak, D., Witczak, A., (2024). Reasons for suspending a firefighter from his duties – legal analysis. ZN SGSP, No. 92(2), 193–204. DOI: 10.5604/01.3001.0054.9346