Jurisdiction over claims arising out of the service relationships of judges and prosecutors — selected issues (contribution to the discussion)

Abstract

The article analyzes the issue of competent court in the scope of protecting claims arising from employment relationships of judges and prosecutors. In the nominative employment relations of these subjects, the public law elements prevail significantly over the employee elements. The author attempts to define the concept of a case for claims arising from employment relations of this kind. The main aim of the paper is to show, based on selected examples from the current regulations, that the legislator does not perceive the complexity and specificity of the employee’s service employment, which results in negative implications for the realization of the constitutional principle of the right to a court.