A Breakthrough Judicial Act on Concurrence of Posts

Several days ago, the Constitutional court issued a ruling with reference no. I. ÚS 190/15, in which it challenges the arguments of the Supreme Court, based on which a conclusion about invalidity of a concurrent labour contract of a member of a statutory body of a company was made. While the Constitutional Court does not quite see the concurrence of a post of a member of the statutory body and a manager as admissible, it finds the current argumentation of the Supreme Court insufficient. This opens space for a due justification as to if and why concurrence between labour contracts should not occur. It will certainly be interesting to follow further development of judicial acts from this area, and especially to watch how general courts of justice will take this finding over into their practice. We will deal with this judicial act in greater detail in our newsletter.