Стажът на стажант-юристите като юридически стаж по смисъла на Закона за съдебната власт
The Internship of Judicial Trainees as a Legal Internship Under the Judiciary System Act

Author(s): Radoslava Yankulova
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: judicial trainee; internship; judiciary system act; legislator; regulations
Summary/Abstract: The Judiciary System Act (JSA), as an organizational act developing the basic principles of the judiciary laid down in the Constitution (Article 133), contains a regulation of the requirements for the positions of judge, prosecutor and investigator. Article 164 of the JSA also sets requirements for a judicial internship. The analysis of the norms that regulate the content of the judicial internship under the JSA, which was established as an additional and mandatory requirement for holding certain positions such as judge, prosecutor or investigator, leads to the conclusion that the judicial internship fulfils other specific functions and should not be considered as a judicial internship under Article 164 of the JSA. To arrive at the current principle position, the legal framework has undergone a dynamic development. The hesitant and often changing position of the legislator seems to recognise that it needs help in finding an answer to the question whether to recognise the judicial trainee work experience as general legal work experience at all. All of this leads me to believe that the drastic changes in the legal framework are dictated less by considerations of legislative expediency than by considerations of expediency. Such a legislative approach is highly reprehensible.

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