Professional paper
https://doi.org/10.47960/2831-0322.2024.1.28.247
REMOVAL FROM SERVICE OF POLICE OFFICERS UNDER THE LAW OF THE REPUBLIC OF CROATIA
Damir Juras
orcid.org/0000-0002-2933-5897
; Ministry of Interior, Human Resources Department
*
Hrvoje Boban
; Ministry of Interior, Splitsko-dalmatinska County Police Administration
* Corresponding author.
Abstract
In addition to stating the position of legal doctrine and judicial practice as well as provisions of
comparative regulations, the paper presents and analyses the institution of police officers’ removal
from service under the law of the Republic of Croatia. In the introductory part of the paper, a
police officer concepts and removal from service are defined. Additionally, general features of suspension
are stated. In the central part of the paper, the authors deal separately with the types of
removal from service: mandatory, optional and automatic; a procedure of removal from service,
its duration, legal remedies in the procedure of removal from service, salary compensation during
the removal from service, the costs of legal representation of a suspended officer, and conditions for
removing from service of a police officer who has the status of a union commissioner. The authors’
conclusion is that here we deal with a legal institution wherewith the interests of the service are
protected, and disciplinary or criminal proceedings prevented. The authors propose to enable the
Disciplinary Court to decide on the validity of a decision on removal from service, or on adoption
of a decision on removal from service during the disciplinary proceedings, to stipulate expressively
by the law that consent of Trade Union is not required for removal from service of a union commissioner,
regardless of whether this suspension is related to disciplinary or criminal proceedings,
to delete the existing provision of Collective Agreement for civil servants and state employees on
necessary consent of Trade Union when removing from office a union commissioner against whom
criminal proceedings have been initiated.
Keywords
criminal proceedings; disciplinary proceedings; police officer; union representative; removal from office
Hrčak ID:
321586
URI
Publication date:
22.10.2024.
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