Legal Effect of the Declaration of Invalidity of a Personal Command of Dismissing from Service in the Context of Restoration to Service Based on the Art. 42 (1) Act of 6 April 1990 on the Police
The paper was entirely devoted to the issues connected with the legal effects which are caused by declaration of invalidity of a personal command of dismissing from service. A special procedure has been introduced in the Act on the Police which allows for the restoration to service these officers whose personal command of dismissing from service has been declared invalid. In accordance Art. 42 (1) Act on the Police an overrule or a declaration of invalidity of the decision of dismissing from service in the Police because of its defectiveness is the basis for restoration to service to an equivalent appointment. Therefore, essential elements of the institution of restoration for service were indicated, in particular the legal effects which this institution invokes in the sphere of the personal matter of police officer restored to service. Mutual relations between the institution of restoration to service and declaration of invalidity of administrative decision of dismissing from service in the Police there were also discussed. It was confirmed that the declaration of invalidity of the personal command of dismissing from service does not eliminate all the effects of this decision ex tunc. The institution contained in art. 42 (1) Act on the Police is not intended to restore the state existing before the issuance of a defective personal command of dissmissing from service but to reactivate the service relationship under the conditions existing before that dismissal (ex nunc). On the other hand, the declaration of invalidity of a personal command of dismissing from service states the basis for restoration to service.