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PUBLIC LAW

Vol. 123 (2020)

The importance of the oath in the civil service in terms of acquisition of rights and obligations by an official

DOI
https://doi.org/10.19195/0137-1134.123.14
Submitted
November 5, 2020
Published
2020-11-05

Abstract

The aspect of the oath (solemn oath) taken by officials has not yet been the subject of wider consideration of legal studies. Nevertheless, this institution has a tradition in forming the law of the civil service in Poland since 1922. Taking an oath results in acquiring the rights and obligations by members of the Code of Civil Procedure. Therefore it cannot be considered as a symbol and reduced only to conventional activity.
The oath has a special role in relation to civil servants due to the public law nature of the service relationship concluded by the appointment Act. Appointed civil servants are required to perform specific tasks that involve special responsibilities. That is why, taking a solemn oath, together with the appointment act and its signature by an official, guarantees that these tasks will be performed reliably on behalf of the state.