Disease as interference for judge's profession

Abstract

Objective: Introduction: The judge's professional activity determines certain requirements for the health status of the person applying for this position or already performing his professional duties. Due to the specificity of professional activity, it could be cases of diseases that make it's impossible to perform professional functions effectively. It raises the question of the fairness of the dismissal procedure precisely for the health status that would exclude discrimination based on disability. The aim: The purpose of the scientific article is to summarize the leading experience of European countries on the protection and prevention of occupational illnesses of judges in order to substantiate specific proposals for the creation of an optimal procedure for dismissing a judge due to health status. Patients and methods: Materials and methods: The subject under discussion has been considered based on the relevant sources (scientific publications, legal acts, decisions of judicial and quasijudicial institutions), using the method of content analysis, comparative and contrastive, analytical and biblio-semantic methods. Conclusion: Conclusions: An analysis of European practice, including judgments on appealing against violations of the right to work due to unlawful dismissal based on health status allowed us to formulate key elements of a fair procedure for dismissing a judge due to illness, which makes it impossible to perform professional functions. A vision on the list of diseases that may be interference to effective judicial activity is developed by the authors. It is substantiated that such list of diseases should be a legal filter to judges employment and dismission. Regular medical examination and prevention of the development of occupational illnesses of a judge should become an integral part of the court's labor protection system. In the event of an accident related to performing professional functions, the judge is entitled to compensation.