Granice obowiązku posłuszeństwa poleceniom służbowym w administracji

Abstract

The paper refers to the limitation of obedience to official orders by officials of state offices. The subject of the study is orders in relation superior — subordinate, within an administrative organ. The writer treats the order as an actual activity and not an administrative act. In the writer’s opinion, in a situation when execution of an unlawful order would expose the official to legal responsibility, he should refuse to obey. Though this rule does not result expressis verbis from § 9 of the Decree of the (Polish) Cabinet, 20 Dec. 1974, but it can be deduced from the whole of existing law and rules. The duty to report the reservations to the order giver and the right to notify the higher superior about the wrong order have also been discussed in the paper. The above mentioned legal institutions are among the basic preventive means to secure the realisation of the principle of legality and to increase the democratisation in official relations.