Are the bailiffs gonna work longer? Draft amendments to the law on court bailiffs

dailyblitz.de 1 month ago

The government plans to rise the retirement age for court bailiffs – from 65 to 70 years. The bill's draft amendment, prepared by the Ministry of Justice, is intended to reconstruct the provisions before 2019. According to the Ministry, the change will let for better usage of the professional experience of bailiffs and will stabilise the profession.

Why does the government want to extend the retirement age of bailiffs?

The Ministry of Justice's proposal assumes that bailiffs and bailiffs will not be automatically dismissed after 65 years of age, but only after reaching 70 years of age.

"I have called for a change of rules and for the anticipation of returning to court bailiffs until the age of 70 as a Ombudsman. Now, as Minister of Justice, I have consistently introduced the essential legal changes" “Adam Bodnar, as quoted in the ministry’s communication, emphasises.

The Minister points out that the current regulations treat bailiffs worse than representatives of another legal professions specified as judges or notaries.

Is it worse than another lawyers?

The justification for the task underlines that for another legal professions there are different regulations:

Notebooks – are cancelled after the age of 70 (Notary Law).
Judges – they go to remainder after 65 years of age, but may apply for an extension of their professional activity to 70 years (Law on the strategy of Universal Courts).
Lawyers and legal advisers – do not have a statutory age limit.

“Only bailiffs aged 65 must, in absolute terms, end their profession against the background of designated legal professional groups” – read the justification for the project.

However, the Justice Ministry points out that extending the retirement age does not mean having to work up to 70 years – the bailiffs will inactive be able to quit early if they meet the conditions for benefits.