Act No. 96 / 1948 Coll.
Law on Retirement of Judges by Age
Valid
Effective from 10.05.1948
96.
Law
of 15 April 1948
on the transfer of Judges by age.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) The judge shall retire to permanent retirement if he is 60 years of age.
(2) The Minister of Justice, with the Judges appointed by the Prime Minister at the Supreme Administrative Court, allows exceptions to the provisions of paragraph 1 where exceptional service considerations so require. In the case of judges active in Slovakia, these exceptions are authorised by the Minister of Justice after the hearing of the delegate and the Prime Minister after the hearing of the President of the Board of Directors.
(1) At the time of the new organisation, judges who have reached 60 years of age and who have not been granted a derogation under the provisions of Paragraph 1 (2) shall be transferred to permanent retirement in administrative proceedings.
(2) Transfers to permanent retirement and discharge shall be made no later than the end of the month following the month in which the age limit was completed.
(3) Judges who have completed the 60th year of age on the date of the entry into force of this Act shall be transferred to permanent retirement, unless they have been granted a derogation under the provisions of Paragraph 1 (2), at the latest at the end of the month following the month in which the Act took effect.
(1) In addition to the time of the new organisation, the judges who completed the 60th year of age did not submit a request for permanent retirement (paragraph 4) and for whom no derogation under the provisions of Paragraph 1 (2) has been granted against their will to permanent retirement only on the basis of an authentic finding of the Board of Appeal.
(2) In order to issue a finding (paragraph 1), it is appropriate to:
(a) the censure of the Supreme Court, if it is for a judge appointed in the Supreme Court, including the President of the Supreme Court, or if it is for the President of the Court of Choirs of the Second Chamber;
(b) the chairmanship of the Supreme Administrative Court, which shall be chaired and chaired by the oldest member of the Supreme Administrative Court, if it is a judge appointed by the Supreme Administrative Court, including the President of the Supreme Administrative Court;
(c) the Board of Appeal of the Court of First Instance of the second storehouse, if it is for a judge appointed before that court or in the courts of that district.
(3) The Board of Appeal (paragraph 2) shall act in private sitting.
(4) A finding which must be issued within eight days of the date of the end of the 60th year of age shall be established only by the date on which the Judge completed that age and by the fact that he has not submitted an application for permanent retirement before that date, without having been granted a derogation under the provisions of Paragraph 1 (2), and shall state that, for that reason, he must be placed on permanent retirement from his office.
(5) The finding takes effect on the day of the resolution. He'll hand himself over to the judge and there's no appeal against him.
(6) The transfer into permanent retirement and the discharge shall take place no later than the end of the month following the month in which the finding was issued.
(1) Judges within the meaning of this Act are civil servants subject to the provisions of Part Two, Part I of the Act of 24 June 1926, No 103 Coll., on the regulation of the pay and certain service conditions of civil servants (the Law of Payee).
(2) Paragraphs 1 and 2, paragraphs 2 and 3 of this Law also apply to conceptual pragmatic officials before the public prosecutor's offices.
This Act shall take effect on the day of its publication; by the Prime Minister and the Minister of Justice.
Dr Beneš v. r.
Gottwald v. r.
Dr Cap v. r.
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Regulation Information
| Citation | Act No. 96 / 1948 Coll., on the Retirement of Judges by Age |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.05.1948 |
|---|---|
| Effective from | 10.05.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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