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:: Volume 10, Issue 35 (10-2023) ::
qjal 2023, 10(35): 161-185 Back to browse issues page
The Review of Legal Aspects of Judges' Retirement in the Light of Laws, Regulations and Judicial Procedure
Abstract:   (548 Views)
Among the issues related to the employment rights of judges, the issue of retirement has particular importance. Considering that there are many legal ambiguities in Iran's legal system regarding the judges' retirement conditions and the fair enjoyment of the right to retirement by judges faces limitations and challenges, the present article, using descriptive-analytical method and based on library studies It has studied and analyzed the approach of the Iranian legal system to the retirement of judges and by looking at the situation in some foreign countries, it has also explained their approach to the retirement of judges. This article findings indicate that, on the one hand, the conditions of judges' retirement (retirement based on age and years of contribution) and the basis for calculating their pensions differ greatly from other government employees, and on the other hand, the inadequacy of the pension Retirement, considering the amount of contribution paid by them, the limitations of transfer of contribution period and the lack of right to choose their pension fund or change the pension fund during employment, are the most important current challenges of the right to retirement of justice judges in Iran. For this reason, in order to overcome or adjust these challenges, it seems necessary to make legal reforms.
 
Keywords: Right to pension, inadequacy of benefits, retirement pension, transfer of contribution period, pension fund
     
Type of Study: Research | Subject: Special
References
1. Canadian Judgments (enforcement) Act, 2012
2. Court of Justice of the European :union: (2019). Judgment in case C-192/18 Commission v Poland.
3. Ministry of Justice (2022). Judicial Pension Scheme in UK.
4. Posner, Eric A. et. Al (2011). The Law and Policy of Judicial Retirement, University of Chicago Law School, John M. Olin Law & Economics Working Paper no. 550.
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The Review of Legal Aspects of Judges' Retirement in the Light of Laws, Regulations and Judicial Procedure. qjal 2023; 10 (35) :161-185
URL: http://qjal.smtc.ac.ir/article-1-1192-en.html


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Volume 10, Issue 35 (10-2023) Back to browse issues page
فصلنامه علمی پژوهشی حقوق اداری Administrative Law
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