Once again: on the fate of employment or service relationship where the access to classified information is impossible

Abstract

The study aims at tracing those legal con- sequences with regard to the employment or service relationship of a person under examination which ensue from suspension of the procedure of examining his/her reliability, and the refusal or revocation of his/her authorization for access to classified information. Consideration is also given to the restrictions on the access of the person under examination to the respective level of classified information as a temporary measure for avoiding the danger of unauthorized access to such information. The study also focuses on the applicability of the grounds of ‘objective impossibility to perform the employment contract’/‘objective impossibility for the civil servant to perform his/her service duties’ in those cases where the position requires access to classified information, however, the person occupying it cannot acquire such access.