Features of the legal regulation of the balance of work and rest of judges in the Member States of the European Union

Abstract

The article delves into the nuances of legal regulations governing the equilibrium between work and leisure for judges across European Union member states. It is initially recognized that a robust model of work-life balance applies to judges in jurisdictions where they are regarded as employees by status. Similarly, in jurisdictions where judges are not classified as employees, yet are entitled to social security provisions, the principles of a balanced work-life structure are upheld. Through an examination of the prevailing legislation across EU member states, it becomes clear that some countries, particularly the Czech Republic and the Republic of Poland, do not adequately prioritize the protection of the necessary work-life balance of judges. Consequently, judges in these jurisdictions are compelled to operate amidst social risks stemming from the absence of a balanced work-rest dynamic. These risks include constraints on familial engagement, susceptibility to occupational hazards, and the onset of professional burnout, among others. Additionally, among the EU member states, there are those where the balance of work and rest of judges is appropriately regulated, such as Romania and the Republic of Lithuania. In these countries, the legislation accounts for the specific duration of a judge’s work and recognizes the necessity to provide judges with the right to special short and paid leaves related to their personal life. The conclusions drawn in the article encapsulate the findings of the study and propose avenues for enhancing the legal framework governing the social protection of judges in Ukraine. Firstly, in regulating various facets of judges’ work and rest, it is imperative to adopt a logical approach. If the nature of a judge’s responsibilities precludes a precise determination of their working hours, it is essential to establish, within current legislation, the minimum duration of daily and weekly rest periods to ensure judges’ right to rest without compromising their social security. Secondly, as part of enhancing the social protection mechanism for judges in Ukraine, it is recommended to introduce short (up to 3 working days) paid leaves for judges pertaining to family circumstances. These may include events such as the judge’s marriage, the birth of a child, the marriage of a child, and the death of a spouse or parent, among others.