Partially Critical Analysis Of Some Rules Concerning The Status Of Police Officers

Abstract

The present study offers solutions regarding certain aspects of making available and empowering in management positions, institutions analyzed from the perspective of the regulations applicable to police officers which are still found only in the statutes of a few categories of civil servants. To these we added the criticism regarding a new rule from Law 360 of 2002 - art. 21 para. 10 index 1 - through which it is argued that this legal provision is unconstitutional.

With regard to police officers being empowered to hold a management position, it was indicated that a distinction must be made between the authorization on vacant management positions and that on temporarily vacant management positions, as there is a rule of common law for the former case and an exception rule for the latter. Thus, while in the case of a vacant management position the same police officer can be empowered for a maximum period of six months, with a possible single extension of a maximum of another six months, in the case of temporarily vacant management positions there is the possibility expressly provided by law that the authorization be carried out for the entire duration of the vacancy, regardless of whether it lasts six months, a year or more. 

With regard to making available, given the fact that several causes can operate, even with different effects, in the sense of duration, regardless of their sequence in time, it is necessary that for each of them the deadline provided by the law be respected.

In relation to the institution of making available, as a way of temporarily occupying management positions, in practice, the option of appointment was established, a so-called unpaid power of attorney, a solution that is not in accordance with the law.