The working conditions of non-professional magistrates and the European concept of ‘worker’

Abstract

This article provides an overview of the legislation on the status and working conditions of the different categories of non-professional magistrates, as utilised by the judiciary administration of European Member States. In this regard, a distinction is made between ‘lay judges’, non-professional judges cooperating in a judicial process on the basis of their perspective as normal citizens, and ‘honorary judges’, who cooperate in the adjudication with their specialist knowledge and experiences. Through the lens of the CJEU's ruling in UX, the article also provides an insight into whether, on the basis of the reported legislation, any particular category of honorary judges is susceptible of falling within the European concept of ‘worker’.