The subject of my master's thesis addresses the disciplinary accountability of police officers. This legal matter has undergone profound conceptual changes in the last decade. The regulatory framework of the public officials and respectively police officers has been modified. I have, therefore, through the theoretical basis outlined the regulatory framework of disciplinary proceedings of police officers, exemplified open questions and unresolved issues and proposed adequate solutions.
The subject of the master's thesis is based on academic sources of domestic and foreign authors, all renowned experts in the field of labour law. Involved were monographic publications and professional articles from the sector. Among other sources were judicatures of the Supreme Court of the Republic of Slovenia, Administrative Court of the Republic of Croatia and the Italian Administrative Court.
Disciplinary proceedings in the Slovenian police, provided by the legislation of the Republic of Slovenia, have been comparatively analyzed with the legal disciplinary regulations in the police forces of neighboring countries, Italy and Croatia. The acquired data on disciplinary actions of the Police Directorate Koper have been compared to similar organizational units of the police, Questura in Trieste, Italy and the Police Directorate Pula, Croatia. ZJU/05 (Zakon o javnih uslužbencih) has diminished the significance of disciplinary processes of public officials, furthermore abandoned provisions on disciplinary accountability of civil servants; it also assigned the application of ZJU/02 in processes of disciplinary accountability determination until the conclusion of the Collective Labour Agreement. Throughout the ZPol/09 (Zakon o policiji) articles were deleted, that regulated disciplinary accountability of the police employees. According to this, chapter six of the ZPol (Zakon o policiji) solely regulates suspension, which is further elaborated in the master’s thesis, problematically, substantively and comparatively.
In the master’s thesis I comparatively approached collective bargaining of social partners in terms of legal grounds for the conclusion of the Collective Labour Agreement of police workers, implying certain disciplinary sanctions on disciplinary accountable police officers. Consequently, I compared legal regulations of disciplinary accountability according to ZPol, ZJU and ZDR-1.
The master's thesis approaches the disciplinary process and the policy of the expressed disciplinary measures of the 1st and 2nd level within the Slovenian Police, involving the implementation of the ZJU (of 28.6.2003 - 31.12.2015). For the mentioned period data of imposed disciplinary actions within the Slovenian police was collected and analyzed – rulings of disciplinary bodies on the 1st and 2nd level, ruled on by the Board of Appeal of Employment Relationship.
In the final part of the master's thesis the verification of the hypothesis – Does the unlawfulness of a police officer, in context of infringement of contractual and other obligations, have to undergo stricter proceedings compared to other public employees, due to the general expectations of a greater diligence?|