Constitutional Court Clarifies the Relationship Between the Labour Code and Legislation on Law Enforcement Service

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The Constitutional Court received an application challenging the constitutionality of paragraph 6 of Article 81 of the Law “On Law Enforcement Service”, which regulates certain aspects of the termination of service for law enforcement officers.

According to the materials submitted, the applicant was dismissed from the internal affairs bodies on the grounds provided for by the special legislation governing law enforcement service. Challenging his dismissal, he argued before the courts that the dismissal order had been issued while he was on parental leave and relied on the provisions of the Labour Code that provide employment guarantees during periods of leave. The courts of first instance and appellate instance dismissed his claims.

The applicant maintained that the contested provision violated his constitutional rights, including the right to equality, the right to health protection, and the right to care for his child.

Following its preliminary examination of the application, the Constitutional Court noted that law enforcement service is a special form of public service with a public-law character, performed in the public interest and aimed at fulfilling constitutionally significant functions of the State. Accordingly, the legislature is entitled to establish special rules governing the conditions of service, the grounds for termination, and the related restrictions and guarantees applicable to law enforcement personnel.

The Court further explained that, pursuant to Article 144 of the Labour Code, employment relations involving law enforcement officers are governed by labour legislation subject to the specific provisions established by special laws. Consequently, matters concerning the performance and termination of service for this category of personnel are governed primarily by the legislation on law enforcement service.

The contested provision establishes the general rule that a law enforcement officer may not be dismissed while on leave or undergoing medical treatment, while also providing for statutory exceptions applicable to certain grounds for dismissal. In this way, the legislature has established a special legal framework for the termination of law enforcement service that reflects the specific nature of such service.

The Constitutional Court also observed that the applicant’s arguments essentially amounted to disagreement with the judgments of the ordinary courts, which had already assessed the legal and factual circumstances of the case. The Court reiterated that it does not review judicial decisions or reassess the facts of individual cases, as its jurisdiction is limited exclusively to questions of constitutional law.

Following its preliminary examination, the Constitutional Court found no grounds to conclude that the applicant’s constitutional rights had been violated.