Access to public service in administrative courts by entities providing legal services

Abstract

Practicing the legal profession constitutes a great privilege, yet it is associated not only with rights, but also specific obligations. Many lawyers provide their services as part of their business activities. Some of them find themselves best suited to so-called freelancing, while others see their future in public service in common or administrative courts.
In practice, however, problems arise of the inaccuracy of provisions regulating the procedure for filling vacant judicial positions, and this in turn raises doubts as to the interpretation of them in practice. Thus, access to public service is unnecessarily restricted for lawyers, legal advisers, or no-taries, who carry out their business activities within law firms. This stems from the need to properly apply the system provisions pertaining to ordinary jurisdiction as part of the procedures for filling such positions in administrative courts. In other words, it is a question of whether restrictions regard-ing the prohibition of re-submission of candidacies before the end of previously initiated procedures for appointment to office apply to staffing of judicial positions in administrative courts.
This is, in essence, the issue of permissible interference in the constitutional right of access to public service.