restrictions compatible with the purpose of the law.
The State party is of the opinion that organizational
changes in the Police and the Protection of State
Office, combined with the number of available posts,
sufficiently justifies the reasons for denying the
author employment in the Police. Moreover, the
State party argues that article 25 (c) does not oblige
the State to guarantee a post in public service. In the
State party's view, the article obliges States to
establish transparent guarantees, especially of a
procedural nature, for equal opportunities of access
to public service. The State party submits that Polish
law has established these guarantees, as outlined
above. The State party contends therefore that the
author's right under article 25 (c) has not been
violated.
10.1 As regards the merits of the communication,
the State party notes that the author claims that he
was groundlessly denied employment in the new
Police and that his classification as a former
Security Police officer was but a pretext to dismiss
him on the ground of his political opinions. The
State party contends that the author has not
substantiated that his party membership and
political opinions were the reason for his dismissal
or his denial of employment. The State party refers
to the applicable legislation and notes that the
author was dismissed ex lege from his post together
with others holding similar posts. The State party
emphasizes that it was a lawful and legitimate
decision of Parliament to dissolve the Security
Police. It adds that the Minister's order of 2 July
1990 was no more than a specification of posts
required under the legislation, and did not change
the existing classification of posts.
11.1 In his reply to the State party's submission,
the author reiterates that he has never been a
member of the Security Police but that he has
always served in the structures of the Civic Militia.
He maintains that there is no order in his personal
file to show that he became a member of the
Security Police. In the author's opinion the
Minister's Order of 2 July 1990 was arbitrary and
retroactively classified him as a Security Police
officer. In this connection, the author points out
that according to the circular of the Ministry of
Internal Affairs, before the Order of 2 July 1990,
the following posts were considered to belong to
the Security Police: all those in Departments I and
II, the Security Police staff operations group,
Ministry advisers, intelligence and counterintelligence secretariat, Deputy Chiefs of Provincial
Security Police, and Chiefs and Senior Specialists
for the Security Police in the Provincial Offices of
the Ministry of Internal Affairs. The author submits
that it is clear from this that his post was not part of
the Security Police.
10.2 The State party explains that both the
Security Police and the Civic Militia were part of
the Ministry of Internal Affairs. According to the
State party, at regional and district levels of the
administration for internal affairs special sections
of the Security Police existed headed by an officer
with rank of Deputy Head of Regional or District
Office for Internal Affairs. The author held a post
of Deputy Head of the Regional Office of Internal
Affairs responsible for the Political and
Educational Board. According to the State party,
there is no doubt that this post was a component
part of the Security Police. The Protection of State
Office Act was thus correctly applied to him and
consequently the author lost his post ex lege. The
State party adds that the type of education or the
uniform worn by officers are not decisive for their
classification.
10.3 As regards the refusal to re-employ the
author in the Police, the State party argues that
decisions regarding employment remain largely
within the discretion and appreciation of the
employer. Further, the employer is dependent on
the number of available vacant posts. The State
party refers to the travaux préparatoires of article
25 (c) and notes that its intention was to prevent the
monopolization of the State apparatus by privileged
groups, but that it was agreed that States must have
possibilities of establishing certain criteria of
admitting its citizens to public service. The State
party points out that in dissolving the Security
Police, ethical and political reasons played a role.
In this connection, it refers to the view expressed
by the Committee of Experts of the Council of
Europe that the selection of public servants for key
administrative positions could be made according
to political aspects.
11.2 The author refers to a report from the
Ombudsman of 1993, where the Ombudsman found
that the retroactive classification of officers as
members of the Security Police had been illegal. He
also refers to remarks made by Members of
Parliament in 1996, that it had been a mistake if
militiamen who had never been members of the
Security Police had been forced to undergo the
verification procedures.
11.3 The author does not challenge the State
party's assertion that the Security Police was
abolished lawfully. However, he claims that the
verification procedures established by the Act and by
the Minister's order were illegal and arbitrary.
11.4 As regards the exhaustion of domestic
remedies, the author states that until now he has not
received any legally binding documents which
would ascertain on what grounds he was dismissed
from service. He did not receive a dismissal order,
10.4 The State party further notes that the rights in
article 25 are not absolute, but allow reasonable
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