Služební poměr příslušníků bezpečnostních sborů a nároky po jeho skončení v komparaci české a německé právní úpravy

• Title in English: A Service Relationship and Claims Emerging after its Termination in Czech and German Regulation Legally Compared
• Authors: MARTINEC Jakub
• Year of publication: 2023
• Type: Article in Periodical
• Magazine / Source: Pravník
• MU Faculty or unit: Faculty of Law
• Web: v databázi Scopus
• Keywords: Service Relationship; Comparative Law; Czechoslovakia; German Democratic Republic; Czech Republic; Germany
• Description: The beginning of this comparative study introduces the comparison of the Czech Law of Service Relationship with corresponding legislation of the countries, that have been undergoing a very similar development (firstly, the regulation of the German Democratic Republic, and after its dissolution the regulation of the Federal Republic of Germany). Having dealt with a theoretical background of Comparative Law, the first part of the paper deals with the terminology, that is being used for this comparison, since both legal orders, containing legal institutes that are being compared, differ linguistically from one another. Thanks to the functionalistic method of comparative law, there is a comparable phenomenon of dogmatically defined “intervention administration” identified, on whose basis there are two institutes in respective legal orders (namely security forces and armed bodies), that are to fulfill similar tasks in either country. In the second part of the paper, there is an introduction to the constitutional fundaments of the service relationship in both legal orders, that are being compared. A comprehensive comparison follows, dealing with the means of foundation and termination of a particular service relationship. Then, the claims emerging in case of such termination are presented. The relation of these claims to the social allowance is being examined, with a conclusion, that different approaches are both legitimate and effective.