New points in the retirement of judges, prosecutors and investigators

Abstract

The article analyzes the special opportunity introduced through Art. 69d SSC (Social Security Code) of 1 January 2019 for judges, prosecutors and investigators to retire earlier, regardless of their age, if they have at least 35 years of total judicial length of service, not less than two thirds thereof being contributory length of service in the bodies of the Judiciary. Consideration is given to the reasons for the establishment of this opportunity. An examination is conducted of the content of the prerequisite of ‘total judicial length of service’ by way of analyzing various court practice decisions. It is argued that the required length of service aggregates a wide range of periods recognized as judicial length of service. It is through examining its separate elements that its being characterized as a type of special contributory length of service is substantiated. Those bodies of the Judiciary in which the person must gain not less than two thirds of the required length of service are listed.