Atleidimas iš valstybės tarnybos - teisinis reguliavimas ir teisminė praktika ; Dismissal from the public service – legal regulation and case law

Abstract

Disputes between the employee (public servant) and the employer (state or municipal authority) are inevitable in the public sector. Cases concerning this issue are solved in the country's regional administrative courts and the Supreme Administrative Court of Lithuania. This master's thesis dealt with the disputes concerning the public servant dismissal and its problematic aspects, the complex legal regulation and its application to practice. Final goal of the thesis – to assess the assurance of the interests of public servants in the process of disputes concerning dismissal from the public service, as well as to reveal the problematic aspects of the solution process of these disputes. To achieve this goal, the following tasks were made: 1) discuss the types of dismissal from the public service; 2) analyze the basic laws relating to the dismissal of public servants; 3) evaluate the institutions and their participation in the disputes concerning the dismissal of public servants; 4) analyze the basic principles which are implemented settling disputes concerning the dismissal of public servants, as well as their implementation in case law; 5) identify the problematic aspects of dispute concerning the dismissal of public servant resolution. Work methods: Lithuanian and foreign scientific literature analysis, statistical data analysis, summary of legislation and case law analysis. The theoretical part of the thesis deals with the main theoretical concepts of dismissal of public servants – types of dismissal, dismissal legislation and the norms established in the law. The practical part of the thesis showcases the analysis of case law relating to the dismissal of public servants, as well as an empirical study – public servants questionnaire. The case law and questionnaire data analysis highlighted the problematic aspects of dispute resolution concerning the dismissal of public servants – complicated legal regulation and its uncertain application, complicated and unstable judicial practice, no pre-court settlement procedure for these type of disputes, lack of prohibitions to dismiss a certain public servant, an imbalance in the dismissal of public servant legal regulation and to the related guarantees, granting of payments and other rights and interests that should be implemented after a unfair dismissal of a public servant. The problems can be addressed and solved by adjusting the legal regulation, establishing a specified court for public service dispute resolution, applying the pre-court procedure for disputes concerning the dismissal of public servants, as well as including additional circumstances and prohibitions related to the dismissal of workers from the public service.