The note to the judgment of the Voivodeship Administrative Court in Warsaw of 12 January 2021, II SA/Wa 1843/20

Abstract

The commented judgment concerned the issue connected with the transfer of the police officer to perform further service in another police unit or in another locality, pursuant to Article 36 (1) Act on the Police. In the opinion of the Court, the essence of the issue in this type of a case comes to establish whether the official service position to which the police officer has been transferred and appointed to is equivalent to his previous official service position. This position was criticised in this commentary. There were indicated that the Article 36 (1) Act on the Police precisely set the boundary of the administrative case regarding the transfer of the police officer to perform further service in another police unit or in another locality. It is exclusively transfer which is in no way connected with automatic appointment of the police officer on specified official service position in connection with this transfer.