Supreme Court allows a judge to retract a resignation from office before the employment relationship ends.
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether a judge could retract a resignation from office. The plaintiff, a judge who had resigned due to health reasons, later attempted to withdraw the resignation citing family care needs, while the Ministry of Justice argued the resignation was irrevocable under the Judicial System Act. The court held that the resignation is a unilateral public-law act effective only upon the termination of the employment relationship, thus permitting retraction before that date.
Legislator headnote
AI generatedArt. 68 § 1 ust. 1 u.s.p.; Art. 72 u.s.p.: A judge's resignation from office is a unilateral public-law act that does not require the recipient's consent and can be retracted if the employment relationship has not yet been terminated.