CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 27 novembre 2018

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height:1px; text-align:left } .sC36A6361 { font-family:Arial; color:#000000 } .s4B8D41EE { font-family:Arial; font-size:10pt }     FOURTH SECTION DECISION Application no. 45434/12 J.B. and Others against Hungary and 2 other applications (see list appended)   The European Court of Human Rights (Fourth Section), sitting on 27   November 2018 as a Chamber composed of:   Ganna Yudkivska, President,   Paulo Pinto de Albuquerque,   Robert Spano,   Faris Vehabović,   Iulia Antoanella Motoc,   Carlo Ranzoni,   Marko Bošnjak, judges, and Marialena Tsirli, Section Registrar, Having regard to the above applications lodged on 20 June and 11   December 2012 respectively, Having regard to the Government’s observations and the applicants’ observations in reply, Having deliberated, decides as follows: THE FACTS 1.     The case originated in three applications (nos. 45434/12, 45438/12 and 375/13) against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by 160 Hungarian nationals. The 158 applicants in the first two applications (nos. 45434/12 and 45438/12) were all judges at different Hungarian courts. They lodged their applications with the Court on 20   June 2012. The two applicants in application no. 375/13 were public prosecutors. They lodged their application on 11 December 2012. A list of the applicants is set out in appendix 1. 2.     The applicants were represented, respectively, by Mr D. Karsai (in application no.   45434/12), Mr A. Cech (in application no. 45438/12) and Mr   A. Kádár (in application no. 375/13), lawyers practising in Budapest. The Hungarian Government (“the Government”) were represented by Mr   Z.   Tallódi, Agent, Ministry of Justice. 3.     The applicants complained, in essence, about the lowering of their mandatory retirement age and the consequences of that measure on their professional career and private life. 4 .     On various dates, seventy-three applicants (in applications nos.   45434/12 and 45438/12) withdrew their complaints. Their details are listed in appendix 2. 5 .     Three applicants in application no. 45438/12, Mr L. Erményi, Ms   A.   R. Kántor and Ms R. Szabóné Farkas, died on 6   January 2015, 25   September 2015 and 3 May 2016 respectively. Their heirs (for their names, see paragraph 48 below and appendix 1) applied to pursue the application before the Court in their stead and retained the same lawyer to represent them. 6.     On 4 October 2012 the President of the Second Section of the Court (to which the case was initially allocated under Rule 52 § 1 of the Rules of Court) granted requests for anonymity submitted by certain applicants in application no. 45434/12 (Rule 47 § 4) and decided that the documents deposited with the Registry of the Court in which the said applicants’ names appeared or which could otherwise easily lead to their identification be treated confidentially (Rule 33). 7 .     On 4 and 13 March and 15 May 2014, respectively, the applications were communicated to the Government under Article 8 of the Convention. 8.     On 2 November 2015 the applications were allocated to the Fourth Section of the Court. 9.     On 13 June 2016 and 5 June 2018, respectively, Mr András Sajó and Mr Péter Paczolay, judges elected in respect of Hungary, withdrew from the case (Rule 28 of the Rules of Court). Accordingly, the President appointed Mr Robert Spano, the judge elected in respect of Iceland, to sit as an ad hoc judge (Article 26 § 4 of the Convention and Rule 29 § 1). A.     The circumstances of the case 10.     The facts of the case, as submitted by the applicants, may be summarised as follows. 11.     The age-limit for compulsory retirement of Hungarian judges had been fixed at seventy since 1869. A judge could decide to retire when he or she attained pensionable age, but had also been free to continue in judicial service until the age of seventy if he or she so wished. 12.     A similar rule had been in force as regards public prosecutors since 1   October 1997. 13 .     In 2011 that regulation was amended a few days before the adoption of the Fundamental Law on 25 April 2011. The amended text of the Fundamental Law, which entered into force on 1   January 2012, stated that the service of judges and public prosecutors would terminate upon their reaching the general retirement age (see paragraph 28 below). The constitutional provisions were implemented by Act   no. CLXII of 2011 on the Legal Status and Remuneration of Judges (“the Legal Status and Remuneration of Judges Act”, see Baka v. Hungary [GC], no. 20261/12, §   52, ECHR 2016) and Act no. CLXIV of 2011 on the Legal Status of the Attorney General, the Public Prosecutors and Other Public Prosecution Employees, and on the Public Prosecution Career (“the Legal Status of Public Prosecutors Act”, see paragraph 32 below). Those laws also entered into force on 1   January 2012. All the judges and public prosecutors who had already reached pensionable age within the meaning of Act no.   LXXXI of 1997 on Social-Security Pensions (“the 1997 Pensions Act”) before 1   January 2012 were obliged to retire on 30   June 2012, and those who would reach that age in 2012 were required to retire on 31 December 2012. 14.     Most of the applicants, with the exception of those mentioned in paragraphs 15 and 16 below, fell into one of the above-mentioned categories and were relieved from judicial service by the President of the Republic (see decision no. 96/2012, adopted on 2 May 2012, for the list of those who were relieved as of 30 June 2012, and decision no.   155/2012, adopted on 6   July   2012, for the list of those who were relieved as of 31   December   2012) or from the public prosecution service by the Attorney General (as of 31   December 2012). 15 .     Four judge applicants retired on their own initiative, allegedly with a view to avoiding the humiliation of their impending forced retirement. Two of them, Mr Sándor Kardos and Ms Mária Kiss (both applicants in application no. 45438/12), were relieved from service by decisions adopted already in 2011. Mr Kardos was relieved from service by the President of the Republic by a decision of 7 October 2011, effective as of 31   December   2011, whereas Ms Kiss was relieved from service by a decision of 13   December 2011, effective as of 31 May 2012. After the Bill amending the Legal Status and Remuneration of Judges Act (subsequently Act no. XX of 2013, see paragraph 31 below) had become public, Ms Kiss attempted to withdraw her notice of retirement, but to no avail. The retirement requests of the other two judges, Ms Éva Anna Faragó (in application no.   45434/12) and Ms Klára Czene (in application no.   45438/12), who were to reach pensionable age after 2012, were accepted on 23 January 2013 by the President of the Republic. The retirement of Ms   Faragó was brought about with immediate effect on the said date, whereas Ms   Czene was relieved from service on 10 March 2013. 16 .     Two applicants, Ms E.M.S. (in application no. 45434/12) and Mr   Mátyás Mészáros (in application no. 45438/12), both judges, were to reach pensionable age after 2012. Following developments in the applicable legal regulation (see, in particular, paragraphs 17 and 22 below), they eventually remained in post unaffected. 17 .     In judgment no. 33/2012 of 16 July 2012, the Constitutional Court declared unconstitutional and repealed the provisions on the compulsory retirement age of judges with retrospective effect, that is, as of 1   January   2012. At the same time, it held that the judges who had already been forced to retire under the unconstitutional provisions could not be reinstated by force of the Constitutional Court’s judgment alone; their legal situation was to be settled in accordance with the rules of the Legal Status and Remuneration of Judges Act. 18 .     The Constitutional Court observed that the notion of “general retirement age” enshrined in the Fundamental Law (see paragraph 28 below) did not have any corresponding legal provision at statutory level. Act no.   LXXXI of 1997 on Social-Security Pensions (“the 1997 Pensions Act”) did not apply a single and generally applicable retirement age but provided for different retirement ages for different generations. Similarly, the Legal Status and Remuneration of Judges Act applied the notion of “retirement age applicable to the person in question”, depending on his or her individual circumstances. The Constitutional Court stressed that, for the sake of safeguarding the independence and irremovability of judges, the upper age-limit for judges should be fixed by a Cardinal Act in a manner that guarantees clarity and predictability and that any lowering of the age ‑ limit should be preceded by an appropriate transitional period. It held that releasing the judges from service with reference to the age-limits contained in the 1997 Pensions Act (which is not Cardinal Act) violated the principle of judicial independence enshrined in Article 26   (1) of the Fundamental Law (see paragraph 28 below). In the light of the conflict between the wording of the Legal Status and Remuneration of Judges Act and the Fundamental Law it further held that, pending the filling of that legislative gap, no judge could be relieved from service against his or her wishes for having attained the age-limit. 19 .     In pursuit of the Constitutional Court’s judgment, several applicants initiated labour proceedings, seeking reinstatement and compensation for the pecuniary damage sustained. Some applicants also sought compensation for non-pecuniary damage, but none of them maintained such claims following the entry into force of Act no. XX of 2013 (see paragraph   22 below). 20 .     On 6 November 2012, the Court of Justice of the European Union (“CJEU”) declared, in its judgment C-286/12, that by adopting legislation that gave rise to a difference in treatment on grounds of age which was not proportionate to the objectives pursued, Hungary had failed to fulfil its obligations under Council Directive 2000/78/EC of 27 November 2000 (see also paragraph 39 below). 21 .     The Government argued before the CJEU that “the competitions organised with a view to recruiting judges simultaneously with the termination of the judicial service of those who [had] reached the mandatory retirement age would not have any effect on the possibility of an eventual reinstatement of the persons concerned” (decision of the President of the CJEU of 13   July 2012 applying the expedited procedure). 22 .     On 11 March 2013 Parliament adopted an amendment to the impugned rules (Act no. XX of 2013, see paragraphs 31 and 33 below), also filling the legislative gap identified by the Constitutional Court (see paragraph 18 above). Under the modified scheme, the reduction of the compulsory retirement age to a unified limit of sixty-five years comes into effect as of 1 January 2023. Transitional provisions apply to the period between 2 April 2013 (the date of entry into force of the amendment) and 31   December 2022. During that period, the age-limit for compulsory retirement varies between seventy and sixty-five years according to the date of birth of the person concerned (the older a judge or public prosecutor, the longer the preparation time accorded to him or her before compulsory retirement). 23.     For those judges and public prosecutors who had already been affected by the rules of compulsory retirement, the new law introduced the possibility to choose from three options. 24 .     Firstly, they could request a stand-by post at the court or public prosecution authority from which they had retired, meaning that they would receive the difference between their pension allowance and 80 per cent of their last basic salary. In addition, once in every three-year period, they may be ordered to perform judicial, prosecutorial or managerial tasks for a maximum of two years. Only one applicant chose that option (see the applicant referred to under no. 20 in appendix 1). 25 .     Secondly, such judges and public prosecutors could apply for reinstatement in their normal judicial or prosecutorial service. In that case, they would also be entitled to salary arrears for the period of their unconstitutionally ordered retirement. However, they could not be reinstated in their previous senior positions such as court president (vice-president) or head of division (deputy head of division), unless that position had not yet been filled in the meantime (compare and contrast with the Government’s submission before the CJEU, see paragraph 21 above). Twenty-eight applicants opted for that solution (see appendix   1). 26 .     Thirdly, those who did not request reinstatement or placement in a stand-by post became entitled to compensation in the form of a lump-sum payment of a year’s salary. Moreover, they could bring an action seeking compensation for residual pecuniary damage. Fifty-two applicants chose that option (see appendix 1); eight of them also brought proceedings seeking compensation for residual pecuniary damage. 27.     On 13 May 2013 the Constitutional Court rejected a petition, submitted on 29 January 2013 of his own motion by a judge hearing a dismissed public prosecutor’s claim, against the relevant provisions of the Legal Status of Public Prosecutors Act. The Constitutional Court held that, after Act no. XX of 2013 had entered into force (see paragraph 22 above), the petition had become pointless (Constitutional Court decision no.   3108/2013). B.     Relevant domestic law and practice 1.     The Fundamental Law 28 .     The relevant provisions of the Fundamental Law provide as follows: Article 26 “(1)     Judges shall be independent and only subordinated to laws, and may not be instructed in relation to their judicial activities. Judges may be removed from office only for the reasons and in a procedure defined by a Cardinal Act. Judges shall not be affiliated to any political party or engage in any political activity. (2)     Professional judges shall be appointed by the President of the Republic as defined by a Cardinal Act. No person under thirty years of age shall be eligible for the position of judge. With the exception of the President of the Kúria [and the President of the National Judicial Office] [1] , no judge may serve after reaching the general retirement age. ...” Article 29 (3) “... With the exception of the Attorney General, no public prosecutor may serve after reaching the general retirement age.” 2.     The Transitional Provisions of the Fundamental Law 29.     The Transitional Provisions of the Fundamental Law, which entered into force on 1 January 2012, provided [2] , in so far as relevant: Section 12 “(1)     If a judge has reached the general retirement age defined by Article 26 (2) of the Fundamental Law before 1 January 2012, his or her service shall be terminated on 30 June 2012. If a judge reaches the general retirement age defined by Article 26 (2) of the Fundamental Law in the period between 1 January and 31 December 2012, his or her service shall be terminated on 31 December 2012. ...” Section 13 “If a public prosecutor has reached the general retirement age defined by Article   29   (3) of the Fundamental Law before 1 January 2012, his or her service shall be terminated on 30 June 2012. If a public prosecutor reaches the general retirement age defined by Article 29 (3) of the Fundamental Law in the period between 1 January and 31 December 2012, his or her service shall be terminated on 31 December 2012.” Section 31 “(2)     ... The Transitional Provisions shall form part of the Fundamental Law.” 3.     The Legal Status and Remuneration of Judges Act 30.     The relevant provisions of the Legal Status and Remuneration of Judges Act (Act   no. CLXII of 2011), as enacted on 1 January 2012, are cited in Baka , cited above, § 52 – see also paragraph 13 above). 31 .     The Legal Status and Remuneration of Judges Act, as amended by Act no. XX of 2013 with effect from 2 April 2013, provides as follows: Section 90 “A judge shall be exempted [from judicial service]: ... (h)     if the judge (ha)     has reached the general retirement age referred to in Article 26 (2) of the Fundamental Law; (hb)     voluntarily requests, before reaching the age-limit [for mandatory retirement], to be pensioned off [on the basis of being eligible to a retirement pension]; ...” Section 91 “The general retirement age referred to in Article 26 (2) of the Fundamental Law shall be the highest age-limit defined in [the 1997 Pensions Act] opening entitlement to a retirement pension, but at least 65 years of age.” Section 135 “(1)     The employer is fully liable, regardless of its degree of culpability, for any damage caused to a judge in connection with his or her service. (2)     The employer may be exempted from such liability if it succeeds in proving that the cause of the damage was unpreventable and fell outside its scope of activity ... ...” Section 145 “(1)     A judge may initiate dispute proceedings in order to vindicate claims arising from his or her service. Such dispute proceedings may be initiated against the [employer’s] decision adopted in the exercise of its discretionary powers only if the employer has breached the legal rules governing the adoption of its decisions. (2)     Except as set forth in section 146, such disputes shall be heard by the Service Tribunal. (3)     If the court finds that the service of a judge had been terminated unlawfully, the judge may request his reinstatement in the judicial service and his continued service at his previous place of assignment. In the case of the unlawful termination of service of a president of the bench, he shall be reinstated in his position of bench president. (4)     In the case of the unlawful termination of service of a judge appointed to a fixed-term senior position, he shall be reinstated in that position if he so requests, provided that the position has not yet been filled. His term of office shall correspond to his initial appointment. If a judge is reinstated in his previous senior position, the outstanding senior position allowance shall be paid to him. ... (6)     In the circumstances specified in subsection (3) above, the judge shall be paid his outstanding remuneration and allowances, including the senior position allowance due for his term of office; furthermore, he shall be compensated for any damage he sustained in connection with the unlawful termination of his service. [The judge may also claim damages for pain and suffering [ sérelemdíj ] in respect of the interference with his personality rights caused by the unlawful termination.] [3] ... (7)     If, following the unlawful termination ... the judge does not request his reinstatement in the judicial service ..., the court shall award him, in addition to the items enumerated in subsection (6), a lump sum in compensation equalling a minimum of two months’ and a maximum of twelve months’ remuneration, taking into account all the circumstances of the case, in particular the weight of the breach and its consequences, as well as any compensation awarded from other sources.” Section 232/C “Section 91 of this Act, as introduced by [Act no. XX of 2013], shall be applicable from 1 January 2023. Until 31 December 2022 the age-limit referred to in Article   26   (2) of the Fundamental Law shall be interpreted as follows: a)     as regards judges born before 1 January 1945, 70 years of age; b)     as regards judges born in 1945 or 1946, the 183 rd day following their 69 th birthday; c)     as regards judges born in 1947 or 1948, 69 years of age; d)     as regards judges born in 1949 or 1950, the 183 rd day following their 68 th birthday; e)     as regards judges born in 1951, 68 years of age; f)     as regards judges born in 1952, the 183 rd day following their 67 th birthday; g)     as regards judges born in 1953, 67 years of age; h)     as regards judges born in 1954, the 183 rd day following their 66 th birthday; i)     as regards judges born in 1955, 66 years of age; j)     as regards judges born in 1956, the 183 rd day following their 65 th birthday; k)     as regards judges born in 1957, 65 years of age.” Section 232/D “... (3)     Subsections (3) to (7) of section 145 of this Act, as introduced by [Act no. XX of 2013], shall be applicable also in proceedings already pending at the time of the entry into force of [Act no. XX of 2013]. ...” Section 232/E “If the judge did not request to be relieved from service under section 90 (hb), he may apply to the President of the National Judicial Office to be placed on a stand-by post for the period following [his becoming eligible for a retirement pension].” Section 232/F “The provisions of the present Act shall apply to judges placed on stand-by posts with the differences specified in sections 232/G to 232/I.” Section 232/G “(1)     ... With the exception specified in section 232/H, a judge placed on a stand-by post may not exercise judicial functions. ... ... (3)     Except for the situation specified in section 232/I (2), a judge placed on a stand-by post is entitled to the difference between the amount of his pension and an amount equalling 80 per cent of his [last basic salary]. ... ...” Section 232/H “(1)     For a maximum of two years in every three years and on the basis of one of the reasons set forth in subsection (4), the President of the National Judicial Office may, of his own motion or at the request of the president of the court concerned or the judge in question, assign a judge placed on a stand-by post to perform judicial tasks at the court of his last appointment or at a court from which he can commute daily; as well as to perform administrative tasks at the National Judicial Office, provided that the judge is able to commute there on a daily basis. The consent of the judge is required for an assignment to perform administrative tasks at the National Judicial Office.” ... (4)     An assignment to perform a task specified in subsection (1) may be ordered with a view to a)     reducing an excessive backlog; b)     replacing judges who are on a long-term leave; c)     conducting court mediation activities; d)     [ensuring judicial services] during a [state of emergency]; e)     taking care of central administration tasks. ...” Section 232/I “... (2)     A judge assigned to perform a task is entitled to payment amounting to the difference between his pension and his [last basic salary], as well as to reimbursement of his work-related costs. (3)     A judge assigned to perform a task is entitled to 20 days of [paid] leave if the duration of the work attains one year. [Otherwise,] the leave entitlement is proportionately reduced. ...” Section 232/J “(1)     If a judge had been relieved from service pursuant to section 90 (ha), repealed by the Constitutional Court’s judgment [no. 33/2012], he shall inform the President of the National Judicial Office within 30 days, to be counted from the entry into force of [Act no. XX of 2013], whether he wishes to be reinstated in the judicial service. The 30-day time-limit is peremptory. (2)     If, in his declaration made in accordance with subsection (1), the judge requests reinstatement in the judicial service, the President of the National Judicial Office shall make the necessary arrangements, as laid down in the relevant statutory provisions, and shall ensure that the judge’s unpaid remuneration (and other allowances), including the allowance due in respect of a fixed-term appointment to a senior position, be paid to him. ... If the judge opts for the scheme specified in section 232/E, he shall be entitled to the unpaid senior position allowance that would have been due until the date of reinstatement. ... The judge shall be reinstated in his previous place of assignment. In the case of the unlawful termination of service of a president of the bench, he shall be reinstated in his position of bench president. (3)     If the application of section 90 (ha) ... resulted in the termination of service of a judge appointed to a fixed-term senior position, and that judge requests ... reinstatement in the judicial service, he shall be reinstated in that senior position if he so wishes, provided that the position from which he had been removed has not been filled in the meantime. His term of office shall correspond to his initial appointment. If a judge is reinstated in his previous senior position, payment of his outstanding senior position allowance under subsection (2) shall be paid. (4)     If the judge requests reinstatement in the judicial service, or if he had already been reinstated in the post of judge on the strength of a final judgment prior to the entry into force of [Act no. XX of 2013], section 232/E shall apply mutatis mutandis. If the judge requests reinstatement in the judicial service, his declaration under subsection (1) above shall also reflect [his wishes concerning the eventuality described in] section 232/E. (5)     Those who have been reinstated in the judicial service on the strength of a final judgment adopted in proceedings brought on account of a dismissal ordered on the basis of section 90(ha), as repealed by the Constitutional Court in its judgment [no.   33/2012], shall make a declaration, as described in section 232/E, within 30 days of the entry into force of [Act no. XX of 2012]. If the court has not yet adopted a final judgment in respect of ancillary issues, the President of the National Judicial Office shall ensure the payment of the items enumerated in subsection (2) above. If a judge has been reinstated in the judicial service by a final judgment, he may request, in a declaration to be submitted within 30 days of the entry into force of [Act no. XX of 2013], that his reinstatement be cancelled or that he be relieved from service under section 90(hb). In that case, subsection (6) shall apply mutatis mutandis, with the proviso that ... damages awarded in the final judgment shall be credited against the lump-sum compensation to be granted. ... (6)     If the judge does not request reinstatement ... the President of the National Judicial Office shall ensure that a lump sum equalling 12 months’ remuneration be paid to him in compensation. The judge may seek compensation for residual pecuniary damage in court. (7)     [Judges] who had reached the age-limit defined in section 232/C(a) prior to the entry into force of [Act no. XX of 2013] or who will reach the same age-limit within six months of the entry into force of [Act no. XX of 2013] cannot be reinstated in the judicial service on the basis of their declaration submitted pursuant to subsection (1); [in respect of them], the President of the National Judicial Office shall ensure the payment of a lump sum in accordance with subsection (6). [They] may seek compensation for residual pecuniary damage in court.” 4.     The Legal Status of Public Prosecutors Act 32 .     The relevant provisions of the Legal Status of Public Prosecutors Act (Act no. CLXIV of 2011 – see paragraph 13 above), as in force prior to the amendment introduced by Act no. XX of 2013, were as follows: Section 34 “The prosecutorial service of a public prosecutor appointed by the Attorney General shall cease: ... d)     upon his reaching the pensionable age applicable to him [and qualifying him] for a retirement pension; ...” Section 41 “(1)     ... In the case specified in section 34 (d) a public prosecutor shall be entitled to an amount equalling six months of his average remuneration.” Section 160 “(1)     The provisions of the present Act govern ... public prosecutors reaching the pensionable age ... applicable to them before 1 January 2013, subject to the differences set forth in subsections (2) and (4). (2)     If a public prosecutor has reached the pensionable age applicable to him before 1   January 2012, his service shall be terminated by release from service without severance pay ...; the period of release shall be from 1 January 2012 to 30 June 2012, and his prosecutorial service shall cease as of 30 June 2012. (3)     If a public prosecutor reaches the pensionable age applicable to him between 1   January and 31 December 2012, his service shall be terminated by release from service without severance pay ...; the period of release shall be from 1 July 2012 to 31   December 2012, and his prosecutorial service shall cease as of 31 December 2012. (4)     The second sentence of section 41(1) of the present Act shall apply in the circumstances specified in subsections (2) and (3) with the difference that the public prosecutor shall be entitled to an amount equalling three months of his average remuneration.” 33 .     The Legal Status of Public Prosecutors Act was amended by Act   no.   XX of 2013. The relevant amended provisions are as follows: Section 24/A “The general retirement age referred to in Article 29 (3) of the Fundamental Law shall be the highest age-limit defined in [the 1997 Pensions Act] opening entitlement to a retirement pension, but at least 65 years of age.” Section 34 “The prosecutorial service of a public prosecutor appointed by the Attorney General shall cease: ... d)     upon his reaching the general retirement age referred to in Article 29 (3) of the Fundamental Law; ...” Section 165/B “(1)     Section ... 34(d) of this Act, as amended by [Act no. XX of 2013], shall be applicable from 1 January 2023. Until 31 December 2022 the provisions set forth in subsection (2) shall apply instead of section ... 34(d). (2)     The term of office of the Deputy Attorney General and the prosecutorial service of public prosecutors appointed by the Attorney General shall cease when they reach the age-limit specified in section 165/C.” Section 165/C “Section 24/A of this Act, as introduced by [Act no. XX of 2013], shall be applicable from 1 January 2023. Until 31 December 2022 the age-limit referred to in Article 29 (3) of the Fundamental Law shall be interpreted as follows: a)     as regards public prosecutors born before 1 January 1945, 70 years of age; b)     as regards public prosecutors born in 1945 or 1946, the 183 rd day following their 69 th birthday; c)     as regards public prosecutors born in 1947 or 1948, 69 years of age; d)     as regards public prosecutors born in 1949 or 1950, the 183 rd day following their 68 th birthday; e)     as regards public prosecutors born in 1951, 68 years of age; f)     as regards public prosecutors born in 1952, the 183 rd day following their 67 th birthday; g)     as regards public prosecutors born in 1953, 67 years of age; h)     as regards public prosecutors born in 1954, the 183 rd day following their 66 th birthday; i)     as regards public prosecutors born in 1955, 66 years of age; j)     as regards public prosecutors born in 1956, the 183 rd day following their 65 th birthday; k)     as regards public prosecutors born in 1957, 65 years of age.” Section 165/E “If the public prosecutor did not request to be relieved from service [on the ground of attaining retirement age], he may, for the period following [his becoming eligible to a retirement pension], apply to the Attorney General to be placed on a stand-by post.” Section 165/F “The provisions of the present Act shall apply to public prosecutors placed on a stand-by post with the differences specified in sections 165/G to 165/I.” Section 165/G ““(1)     ... With the exception specified in section 165/H, a public prosecutor placed on a stand-by post may not exercise prosecutorial functions. ... ... (3)     Except for the situation specified in section 165/I (2), a public prosecutor placed on a stand-by post is entitled to payment amounting to the difference between his pension and 80 per cent of his [last basic salary]. ... ...” Section 165/H “(1) For a maximum of two years in every three years and on the basis of one of the reasons set forth in subsection (4) the Attorney General may, of his own motion or at the request of the Head of the Public Prosecutor’s Office concerned or of the public prosecutor in question, assign a public prosecutor placed on a stand-by post to perform prosecutorial tasks in the field corresponding to his last appointment. The place of work shall be