Martin Kopecký | University of Western Bohemia, Pilsen

The Relation Between the Code of Administrative Procedure and the Proceedings in Civil Service Matters

Jurisprudence 5/2015 Section: Articles Page: 3-10

Keywords: civil service, Code of Administrative Procedure, administrative proceedings, service authority, civil servant (state employee)

Abstract: The Act Nr. 234/2014 Coll., Civil Service Act, changed the status of persons who have become state employees under this Act from the regime of the Labor Code, i. e. from the area of private law, under the area of public law. Execution of (state) administration by entities in the civil service within the administrative offices will be the regular way of carrying out activities of state services, while ensuring such activities by persons employed under Labor Code will be much more an exception. The public nature of the civil service is related to the fact, that the body acting as an employer (meaning the state, here known as a service authority) is the public authority and so has the public power, by which (by unilateral acts within the limits of the law) is able to authoritatively determine the status of persons performing the services – state employees. Therefore the authoritative decision-making processes of the official authority in matters of the employees in a civil service is governed by the rules of an administrative procedure. This article discusses the extent to which the decision-making in matters of civil service is ruled by the Act no. 500/2004 Coll., Code of Administrative Procedure, as the code containing the general procedures of administrative bodies in public administration, and which are the specifics of such procedures in the civil service matters.