ÚS: Salary cuts for judges in 2022 and 2024 unconstitutional

This year’s cut of judges’ salaries, a permanent change in the calculation coefficient, is contrary to the constitutional mandate, the Constitutional Court (ÚS) decided on Tuesday. He kept the law in place until the end of the year to allow politicians to adjust the salaries of government officials appropriately from the salaries of judges. At the same time, the court emphasized in the decision of reporter Milan Hulmak that the judges have the right to modify the salary of the predecessor for this year.

According to ÚS, the government and parliament have not justified the necessity or adequacy of a permanent reduction in judges’ salaries. Also, politicians have not properly discussed this change with the judiciary. It is an unconstitutional interference. John Winter and Joseph Fiala had a different take on the award.

The Constitutional Court (ÚS) also annulled the freezing of judges’ salaries in 2022, which was a deliberate unconstitutional intervention by politicians. However, the salary will not be revised retroactively. He pointed to the development of events in 2022 when Russia invaded Ukraine in February and the economic and security situation in Europe gradually worsened.

“It does not suit the role and function of the Judiciary that extra salaries should be given to judges for this period despite the hardships the society is facing. The administration of justice is an activity that requires permanent and deep trust of the society. It is a ‘precious’ value and that is why it is necessary for the Judiciary to make continuous efforts to protect and deepen it,” he said. Joseph Baksa said. Judges Jan Wintr and Josef Fiala dissented from the verdict, with Jan Svatoň and Pavel Šámal giving reasons.

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Today, in another finding, the Supreme Court ruled that the salary freeze for 2021 is not unconstitutional, particularly because of the effects of the pandemic.

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