Published: 2021-12-26

The Legal Status of a Police Officer Serving as a Legal Adviser: Selected Issues

Paweł Gacek
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2021.21.4.11

Abstract

This paper addresses issues related to the legal status of a police officer serving as a legal adviser. As a rule, under Polish law police officers are not authorised to practise in this profession unless their duties in the police force involve giving legal advice as a legal adviser. The legal status of a police officer who performs the services of a legal adviser is regulated by two acts of legislation, Ustawa o radcach prawnych (the Legal Adviser Act), and Ustawa o policji (the Police Act). The provisions in these two acts are complementary. Hence, in this paper I have focused on issues relating to the rights and obligations of this particular group of police officers, whose duties in the Polish police force entail the performance of a legal adviser’s services. I show that the legal aspect of a police officer’s employment relationship does not change if he is performing a legal adviser’s job in the course of his duties in the police force; neither does
it exempt him from carrying out the duties binding on all policemen.

Keywords:

the Polish police force; policeman; legal adviser (radca prawny); the legal aspect of an employment relationship; nomination; a personal order issued to a particular individual.

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Citation rules

Gacek, P. (2021). The Legal Status of a Police Officer Serving as a Legal Adviser: Selected Issues. Zeszyty Prawnicze, 21(4), 265–291. https://doi.org/10.21697/zp.2021.21.4.11

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