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

Witczak Damian, Witczak Anna

Zeszyty Naukowe SGSP / Szkoła Główna Służby Pożarniczej

2025

Nr 94 (tom 2)

211--224

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.

Reasons for suspending a firefighter from his duties – legal analysis

Witczak Damian, Witczak Anna

Zeszyty Naukowe SGSP / Szkoła Główna Służby Pożarniczej

2024

Nr 92 (tom 2)

193--204

The article discusses the grounds that may lead to the suspension of a firefighter from performing official duties, with particular emphasis on obligatory and optional grounds. The purpose of the publication is to indicate in what situations a disciplinary superior is obliged to obligatorily suspend a firefighter, and when he has the opportunity to make such a decision on an optional basis. The work aims to provide analytical tools to support superiors in making decisions in accordance with applicable legal regulations. The study uses the method of legal analysis, focusing on the interpretation of regulations and their practical application. It was hypothesized that a clear definition of the grounds for suspending a firefighter is crucial for the consistent application of the law and improvement of human resources management practices in uniformed services. The publication is intended to fill the research gap in the analysis of the legal basis for suspending firefighters from their duties.