On The Proposal To Repeal Part Of The Act. On The Salaries Of Constitutional Officials

Original Language Title: ve věci návrhu na zrušení části zák. o platu ústavních činitelů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=77602&nr=181~2F2012~20Sb.&ft=txt

181/2012 Coll.
FINDINGS


Constitutional Court
On behalf of the Republic


Constitutional Court decided under ref. Nos. Pl. US 33/11 on 3 May 2012
Plenum, composed Frantisek Duchon, Vlasta Formánková, Vojen Güttler, Pavel Holländer
, Vladimir Kurka, Dagmar Lastovecká, Jan Musil, Jiri Mucha
, George Nykodým, Paul Rychetský, Miloslav Vyborny and Michael
Židlická on the proposal of the Municipal court in Brno seeking the annulment of point 2 of Article
. Even the first part of Act no. 425/2010 Coll., Amending Act no.
236/1995 Coll., On salary and other compensation related to performance
office of representatives of state power and some state bodies and judges | || MEPs, as amended, and Act No.
. 201/1997 Coll., On salary and some other essentials
state representatives and amending and supplementing Law no. 143/1992 Coll., On salary and remuneration
for work readiness in budgetary and some other organizations
and bodies, as amended, as
amended, with respect to judges, district, regional and
high courts, the Supreme court and the Supreme administrative court, in
eventum to cancel the word "2.5 times" in § 3 para. 3 of Law no. 236/1995
Coll., on salary and other indemnities associated with the duties
representatives of state power and some state bodies and judges and
MEPs amended by Act no. 309/2002 Coll. and
Act no. 425/2010 Coll., on the repeal of § 3b par. 2 Act no.
236/1995 Coll., on salary and other compensation related to performance
office of representatives of state power and some state bodies and judges and
Members of the European Parliament, amended by Act no. 425/2010 Coll.

Follows:

I. The provisions contained in § 3 para. 3 of the Act no. 236/1995 Coll., On salary and other terms
associated with the duties
representatives of state power and some state bodies and judges and Members of the European Parliament
in as amended by Act no. 425/2010 Coll., and expressed in words
"2.5 times" is repealed expiry on 31 December 2012.

II. The provisions of § 3b par. 2 Act no. 236/1995 Coll., On salaries and other
indemnities associated with the position of representatives of state power and
some state bodies and judges and members of the European Parliament, as amended by Act
no. 425/2010 Coll., is annulled this judgment
in the Official Gazette.

III. The remainder of the proposal is rejected.
Reason


I.

Definition matter and recapitulation draft

Constitutional Court on 3 November 2011 received a petition from the Municipal Court in Brno
to repeal the provisions of paragraph 2 of Article. I. Part One of Act no. 425/2010 Coll
. Amending Act no. 236/1995 Coll., on salaries and other
indemnities associated with the position of representatives of state power and
some state bodies and judges and members of the European Parliament, in
amended, and Act no. 201/1997 Coll., on salary and some other requisites
prosecutors and amending and supplementing Law no.
143/1992 Coll., on salary and remuneration for work readiness in budgetary and
some other organizations and bodies,
as later amended, as amended, with respect to district judges,
regional and high courts, the Supreme court and Supreme administrative court
, in eventum to cancel the word "2.5 times" in § 3 paragraph. 3 of Law no.
236/1995 Coll., on salary and other compensation related to performance
office of representatives of state power and some state bodies and judges and
Members of the European Parliament, amended by Act no. 309 / 2002 Sb. and
Act no. 425/2010 Coll., along with a proposal for preferential
decisions in this matter pursuant to § 39 Act no. 182/1993 Coll. The present proposal was accompanied by documents
petitioner lodged to the Constitutional Court on 8
November 2011 and 26 March 2012 containing attachments, especially
data published by the Czech Statistical Office, Ministry of Finance, contained in the Report of the Council
Europe on the situation in the remuneration of judges and prosecutors, as well as
in the public media. In addition to the proposal delivered to the Constitutional Court
on 26 March 2012, moreover, the petitioner spread of petit
proposal to annul § 3b par. 2 Act no. 236/1995 Coll., On salary and other terms
related duties
representatives of state power and some state bodies and judges and Members of the European

Parliament, amended by Act no. 425/2010 Coll.

Municipal Court in Brno filed the petition under § 64 par. 3 of Law no.
182/1993 Coll., As amended, and after
in connection with its decision-making in accordance with Art. 95 para. 2 of the Constitution (hereinafter
"Constitution") concluded that
*
Provisions of paragraph 2 of Article. I. Part One of Act no. 425/2010 Coll., Which
amends Act no. 236/1995 Coll., On salary and other terms
associated with the duties of representatives state power and some
state bodies and judges and Members of the European Parliament, as
amended, and Act no. 201/1997 Coll., on salary and some other essentials ...
prosecutors and amending and supplementing Law No.
. 143/1992 Coll., On salary and remuneration for work readiness in budgetary
and some other organizations and bodies, as amended
regulations, as amended, with respect to the judges of district, regional and
high courts, the Supreme court and Supreme administrative court
, in eventum provision expressed by the words "2.5 times" in § 3 para. 3
Act no. 236/1995 Coll., on salary and other compensation related to || | duties of representatives of state power and some state bodies and
judges and Members of the European Parliament, amended by Act no. 309/2002 Coll
. and Act no. 425/2010 Coll., and

* Of § 3b par. 2 Act no. 236/1995 Coll., On salaries and other
indemnities associated with the position of representatives of state power and
some state bodies and judges and members of the European Parliament in | || amended by Act no. 425/2010 Coll., which are to be used in resolving the matter file. Ref. 35 C 35/2011
used, are contrary to Art. 1, paragraph. 1 in conjunction with Art. 81 and Article
. 82 para. 1 of the Constitution, also with Art. 2 paragraph. 1 of the Constitution, Art. 1
Charter of Fundamental Rights and Freedoms (the "Charter") and Art. 1 of
Protocol to the Convention on Human Rights and fundamental freedoms (
"the Protocol").

In that case, sp. Ref. 35 C 35/2011 the Municipal Court in Brno
deciding on a complaint that a judge of the District Court Brno-Country
seeks against the Czech Republic - Brno-Country District Court
payment of the amount of the difference between the right of the plaintiff salary in accordance with § 28 to §
31 of Law no. 236/1995 Coll., on salary and other indemnities associated with
duties of representatives of state power and some state bodies and
judges and Members of the European Parliament, as amended,
(hereinafter the "Act no. 236/1995 Coll.," or "law on salaries") and the right to
multipurpose lump sum compensation expenses (hereinafter referred to as "reimbursement of expenses") in || | sense of § 32 par. 1 point. a) Act no. 236/1995 Coll., and according to the original complaint
claim in January, according to its extension beyond September 2011, and among
actually paid salary and expenses reduced with effect from 1
. January 2011 Act no. 425/2010 Coll., amending Act no. 236/1995
Coll., on salary and other indemnities associated with the duties
representatives of state power and some state bodies and judges || | MEPs, as amended, and Act No.
. 201/1997 Coll., On salary and some other essentials
state representatives and amending and supplementing Law no. 143/1992 Coll., On salary and remuneration
for work readiness in budgetary and some other organizations
and bodies, as amended, as amended
.

With regard to the initial statement of claim the plaintiff in the proceedings before the Municipal Court in Brno
that court proceedings in question in the case file. Ref. 35 C 35/2011
interrupted in accordance with § 64 par. 3 of Act no. 182/1993 Coll.,
amended, filed with the Constitutional Court to annul
provision in § 3 . 1 and 3 of Law no. 236/1995 Coll., as amended by Act no. 425/2010 Coll
. The Constitutional Court ruled on the draft judgment of 2 August 2011
sp. Nos. Pl. US 16/11 (267/2011 Coll.), So that annulled §
paragraph 3b. 1 of the Act no. 236/1995 Coll., On the day this judgment is promulgated in the Official Gazette
.

Offeror now the Constitutional Court considered the draft states that the provisions of §
3b paragraph. 1 of Act no. 236/1995 Coll. adjusted for 2011
base salary of judges at the amount of CZK 54,005, while its closing
finding sp. Nos. Pl. US 16/11 led to the situation where the base salary of judges
for 2011 already makes the amount of 54,005 CZK in accordance with § 3b paragraph. 1 of Law no.

236/1995 Coll., As amended by Act no. 425/2010 Coll., And started treatment, it is generally
base salary of judges provided for in § 3 para. 3 of Law no.
236/1995 Coll. as amended by Act no. 425/2010 Coll. Under this provision makes
base salary from January 1 to December 31 of the calendar year
2.5 times the average monthly nominal wage of individuals
non-business sector achieved according to published data of the Czech Statistical Office
pluperfect calendar year, the amount of the base salary
for the calendar year, the Ministry of Labour and social Affairs
in the Official Gazette notice. This statement was declared
in the Official Gazette on 16 September 2011 under no. 271/2011 Coll. and a base salary
judges for 2011 was determined by the amount of CZK 57 747.50. After
annulment of § 3b paragraph. 1 of Act no. 236/1995 Coll., As amended by Act no. 425/2010 Coll
., As shown below petitioner is the applicant's salary for January 2011
EUR 78 000 CZK and expenses 3,200 CZK. Given that
January 2011, applicants paid a salary of 73 000 CZK, represents
difference between the amount of CZK 78 000 and the amount of CZK 73 000 CZK 5 000 CZK.
As regards the reimbursement of expenses, this difference is the amount of CZK 200
as the difference between the amount of CZK 3,200 and CZK 3 000 CZK. With regard to the above calculation
petitioner considers evident that an action for January 2011
to decide what amounts to CZK 5,200 as the sum of salary supplement
amount of CZK 5,000 and reimbursement of expenses of EUR 200 CZK. Municipal Court in Brno
therefore, in accordance with § 112. 2 of the CPC. Decided that the proceedings on the
regarding payment amounts 5200 CZK ruled disjoined. To
separate proceedings was therefore out of the question concerning the difference between
applicant's salary calculated in accordance with § 3 para. 3 of the Act no. 236/1995 Coll., As amended
Act no. 425/2010 Coll., ( for now unfolding from the base salary
calculated as 2.5 times the average nominal wage in the business sphere
amounting to 23 099 CZK, which is 57 747.50 CZK) and
salary, which was the applicant in January 2011 actually paid (
unwound from the salary base according to § 3b paragraph. 1 of Act no. 236/1995 Coll., as amended
Act no. 425/2010 Coll., in the amount of CZK 54,005). The case was thus excluded
decided by judgment of the Municipal Court in Brno of 11 October 2011, ref. No.
35 C 130 / 2011-113 so that the application has been granted in this section.

As already stated, the plaintiff overdue salary for September 2011
extended action of the supplement salary and reimbursement of expenses for this month. The applicant therefore
per month in September 2011 requested to supplement the salary and reimbursement for
period until publication of the Constitutional Court judgment dated August 2, 2011 sp. Ref.
Pl. US 16/11, and the subsequent announcement of the Ministry of Labour and Social Affairs
about the amount of base salary for 2011 and for the period after
this judgment and communication. In numerical terms, makes the difference in salary for September 2011
amount of CZK 17 754.50 and reimburses the amount of CZK 763.60.
Petitioner resolution dated 24. 10. 2011, ref. No. 35 35 C / 2011-125
change action, he said. Prosecutor overdue salary for January 2012
extended action of the supplement salary and reimbursement of expenses for this month,
in the amount of CZK 17,100, which is the difference between the paid salary and compensation
spending depending on the amount salary basis set out in the provisions of §
3b paragraph. 2 of the salary for the year 2012-2014 and pay a substitute
spending depending on the salary base
representing three times the average monthly nominal wage of individuals
the public sector for the last calendar year. Resolution of
14th 2. 2012 ref. No. 35 35 C / 2011-168 Municipal Court in Brno change action
admitted. The resolution came into force on 24. 2. 2012.

His locus standi of the petitioner is based on the finding according to which the
sought the annulment of § 3 para. 3 of the Law on salaries, as amended by Act no. 309/2002 Coll
. and Act no. 425/2010 Coll., already in the proceedings that led the Constitutional Court under
sp. Nos. Pl. US 16/11, the proposal to repeal § 3 para. 3 of the salary
(Part V of the judgment) was rejected for lack of locus standi,
So apparently a petition filed by an unauthorized person. This statement by the petitioner's view
preclude filed the petition after it has
this provision on the applicant's case specifically applied, for
subset of the defendant's claim for January 2011, and in particular to qualify for September

2011, which was extended action under file. Ref. 35 C 35/2011 and whose
change petitioner finally admitted.
Petitioner concluded in accordance with Art. 95 para. 2 of the Constitution to the conclusion that § 3b paragraph. 2
law on salary, as amended by Act no. 425/2010 Coll., To be at
solution subject matter is contrary to Art. 1 paragraph.
1 in conjunction with Art. 81 and Art. 82 para. 1 of the Constitution, Art. 1 of the Charter and Art. 1 of the Protocol.

Rationale substantive unconstitutionality of the contested statutory provisions
derived from the petitioner recap relevant to the issue
related to the case law of the Constitutional Court. In his opinion, it contains the following basic thesis
:

- Assessing the constitutionality of salary limitations regarding judges
for a specific period of the year falls within the framework defined by the principle of judicial independence
[Constitutional Court decision. Nos. Pl. US 55/05 of 16 first
2007 (N 9/44 SbNU 103; 65/2007 Coll.), Paragraph 49];

- The constitutional position of judges on the one hand, and representatives of legislative and executive
, especially the state administration on the other hand
because of the principle of separation of powers and the principle of independence of judges differs
implying also different dispositional space for the legislature to pay
restrictions on judges in comparison with the layout space for such
restrictions in other areas of the public sphere [Constitutional court decision.
Brand. Pl. US 55/05 (paragraph 49)];

- Interference in the material security of judges guaranteed by law can not be
expression of arbitrariness by the legislature, but must be based on the principle of proportionality
, justified by extraordinary circumstances, eg.
The difficult financial situation of the state, where even meet this condition must be taken into account
different function of the judiciary and representatives of the legislative and executive
, especially the state administration; such interference may not create grounds for
concerns as to whether the restrictions affect the dignity of judges, for example. unless
expression of constitutionally unacceptable pressure by the legislative and executive branches on the judicial branch
[Constitutional Court decision. Nos. Pl. US 55/05 (paragraph 49)];

- The principle of an independent judiciary is one of the essential
democratic rule of law within the meaning of Art. 9 Sec. 2 of the Constitution [
judgment of the Constitutional Court. Nos. Pl. US 55/05 (paragraph 50)];

- Arbitrary interference by the legislature in the material security of judges,
in that context and limitations on compensation, to be within the scope protected by the principle of independence
subsumed two reasons. The independence of judges is
primarily conditioned on their moral integrity and professional level, but also
is closely connected with the appropriate material security.
The second reason downshift prohibition of arbitrary interference in the material security of judges
(salary restrictions) within the framework of the principle of independence
exclude the possibility, pressure by the legislative
respectively. executive on judicial decision-making. In other words, eliminate arbitrary
interference in the material security of judges as a possible form
"penalization" of judges by the legislative and executive, and thus also forms
pressure on their decision [Constitutional Court decision. Nos. Pl. US
43/04 of 14. 7. 2005 (N 139/38 SbNU 59; 354/2005 Coll.)];

- The salary of judges, in a broad sense to be stable
nesnižovatelnou quantity, not moving factor which calculates
this or another government, for example, because he
judges' salaries seem too high in comparison the salaries of civil servants or
compared with another professional group. Striving for such equality deviates from
constitutionality, it is a political objective that has no support in the constitutionally understood principle of equality
[Constitutional Court decision. Nos. Pl. US 11/02
of 11. 6. 2003 (N 87/30 SbNU 309; 198/2003 Coll.)];

- For payment restriction measures should be considered when judges
is withdrawn or reduced claimable remuneration, without such withdrawal or
decrease was offset by an increase in other claimable remuneration [
judgment of the Constitutional Court. Nos. Pl. US 55/05 (paragraph 55)];

- As another form of wage restraint is to be regarded as the freezing
law anticipated revenue growth judges or other constitutional
officials, with eg. "Permanently" freezing the wages of the Constitutional Court would undoubtedly
assessed as a step constitutionally inadmissible.
Emoluments of the judges in the wider sense, should be a stable,
unless there are quite exceptional and extraordinary circumstances the State [judgment

Of the Constitutional Court. Nos. Pl. US 13/08 dated 2. 3. 2010 (N 36/56 SbNU
405; 104/2010 Coll .; paragraph 41); similarly finding sp. Nos. Pl. US 55/05 (point
55)];

- As a significant element of the guarantee of adequate material security of judges
terms of the principle of separation of state powers into legislative, executive and judicial
requirement and their mutual balance must be considered as well
direct link between the salary of representatives of the legislative
and powerful on one side and the salary of judges on the other. Construction of the Law on salaries
representatives of state power with a uniform salary base and
statutory factors ensures that along with an increase in salary
representatives of legislative and executive power in the same proportion
automatically raises and salaries judges, represents an important, legal order
built-in fuse, the ratio of material support
representatives of the various branches of power will be maintained in the future [
judgment of the Constitutional court. Nos. Pl. US 55/05 (paragraph 59)].

The petitioner notes that the above theses Constitutional Court and remained
in its recent case law [see Judgments. Nos. Pl. US 12/10 of 7
9th 2010 (N 188/58 SbNU 663; 269/2010 Coll.); Pl. US 22/09 of 7
9th, 2010 (N 186/58 SbNU 633; ​​309/2010 Coll.), Paragraph 40].

In favor of the conclusion on the unconstitutionality of the contested statutory provisions
Municipal Court in Brno refers to a number of international documents. In the first row
points to recommendations of the Committee of Ministers of the Council of Europe of 17 November 2010
judges CM / Rec (2010) 12. (Appendix 5)
[http://www.coe.int ], which replaced the earlier recommendation Ree (94). 12 Of
Articles 53-55 relating to the remuneration of judges, that:

- The basic rules for the remuneration of judges shall be determined by law,

- Remuneration of judges should reflect their role and responsibilities and be
sufficient level

- In sickness and maternity should be ensured by maintaining a reasonable amount
their remuneration

- Board of judges should be reasonable in relation to the earlier salary

- There should be a special provision to prevent reducing
judges' salaries.

For other international documents petitioner notes the report
European Commission for Democracy through Law (Venice Commission)
received on 12 to 13 March 2010 (Annex no. 6 - Part III
Article 6) [http://www.venice.coe.int], which states: "
the Venice Commission is of the opinion that the financial remuneration of judges must correspond with
dignity of their profession and that adequate valuation is
indispensable prerequisite for the protection of judges against adverse external influences ... above
evaluation should be established with regard to social conditions in the country
and compared with a rate of assessment of senior officials. " Finally, in the context of
comparative analysis argues the conclusions of the Advisory Committee judges within
activities of the Council of Europe, the Conseil Consultatif de juges européens (CCJE) of
2001 [opinion no. 1 (Avis No. 1)], the which (point no. 61 and 62)
emphasized the need for such legal provisions that will hinder
reduction of judges' salaries and to ensure that the actual salary increase, so
to maintain their value in relation to the cost of living | || (http://wcd.coe.int/).

In the next part of its proposal, the Municipal Court in Brno recapitulates the development
legislation material security of judges, especially the development
its intentions and the changing relationships in relation to the material
security of employees in public administration.
Material security of judges salary and versatile replacement expenditure was enshrined in the 2nd
mid 90s in the Act no. 236/1995 Coll., The salary of a judge
was designed as a product of base salary and coefficient expressing || | its official classification, reimbursement was determined by dividing the salary
base of 5.5%. Base salary was derived from the highest tariff
ministry official as twice.
The petitioner emphasizes that the principle which this adjustment was conducted and voiced in discussing this concept
remuneration of judges was among other things.
Principle of immutability of salary relationships between functions and principle
consistent and automatic movement salaries and other necessities circuit
state officials and state employees;
same was stated assumption that "once and for all eliminates often humiliating and politically exploitable
negotiations on salary in parliament" (stenozáznam 34th meeting

PCR, PS 1993-1996 Part 6/32 - Annex no. 9). In 2002 (Act no.
309/2002 Coll., On amendment to laws related to adoption of the Act on service
state employees in administrative authorities and remuneration of these
employees and other employees in administrative offices (Staff || | Act) called. accompanying act to the draft bill, the government draft
submitted to the Chamber of Deputies as print 794 - Annex no. 10) was
structure of the pay structure changed (with effect from 1 January 2004) so ​​| || that consists of three times the average salary in the public sector to
individuals before last year, according to figures released CSO (§ 3 para.
3 of the salary). The petitioner this change indicates that the decline was the result
sessions judge's pay in relation to salaries in the public sphere, while
according to him the reasons which led to a sharp reduction in salaries session
judges and employees in the public sector ( from the original session about 4.3 to 3.0)
have never been convincingly made and Parliament have them actually ever
addressed. Printing 794 in the explanatory memorandum to Art. XXXV stated that weave
salary of employees of ministries and constitutional base salary
factors have led to differences in salary increments and also - and especially -
pointed to the proposed Civil Service Act, which had substantially reinforce the
conditions of service in government and lead to "the appropriate
notional award officials". While maintaining the current system of determining
salary base would automatically salaries of constitutional officials
increased, "without changing the conditions for the exercise of their functions". Therefore
proposed amendment "to create a stable bond between the salaries of constitutional officials
and wage developments in the public sector. In relation to the possibilities
differentiation in pay ... can be considered reasonable session
the base salary of the average wage in the public sector amounting
three times. " Municipal Court but notes that it
essential prerequisite for reducing the wage base and changing its structure, however, was not filled
: Service Act come into force today and
government officials are retained responsibilities in keeping with the Code
work. To revise the level of the salary base has already occurred.
The construction of the base salary as three times the average salary
natural persons in the public sector the year before last (ie, two years
time Tackle) accounted for according to the petitioner, while significant intervention into
level of judges' salaries, but in the situation after major floods of 2002
might seem acceptable intervention for future development
remuneration of judges. The change related to the transition to 16třídní remuneration system
officials, in which the highest tariffs increased between 2002 and 2004 from 18
CZK 570 to CZK 27,700 (Government Decree no. 330/2003 Coll., On Wage
employees in public services and administration), and maintaining
original system for fixing the wage base would lead to a corresponding rise
which, as the petitioner states, the executive power did not accept
. Therefore, according to him, the salaries of judges since 2002
left at the same level that the salary basis as needed to decrease, while
considers it significant that in the explanatory memorandum to print 133 of these restrictions
called "evolutionary method axles incorrectly determined base salary
".

The petitioner also analyzes the proclaimed purpose of the contested legislative
legislation. Based on the outline of the development of the first decade after
2000 raises the question of how to fix intentions session
salaries of constitutional officials and employees of the public sector at the level of three times
been honest and real. Doubt, that there was a real intentions in the future
salaries of constitutional officials humiliate and achieve far more
thus leveling result, according to him, stem from the following facts:
According to the Act no. 427/2003 Coll . fixing for 2004 the extraordinary
measure for determining the salary and certain reimbursements of expenses related to the performance of the function
representatives of state power and some state bodies
MEPs, judges and prosecutors, above | || additional salary for these people for the first half of 2004, and amending
certain related laws (the government draft printing 392) had a base salary
2002 remain frozen until 2006, and up from the year || | 2007 bond should apply to the average salary in the public sector -

There was cited as an argument to the need for "solidarity with the consequences of the implementation
reform of public finances". The real reason his opinion was
fact that the state budget did not have at that time a volume
funds, which would fund the transition to 16třídní
system of remuneration in the form that you imagined the authors (also regained effectiveness
service Act). Therefore, the promotion of a "solidarity" constitutional
officials, whose salaries should be frozen until 2007. In fact,
been frozen "only" in 2002-2004, since 1. 1. 2005 Senate amendment
when discussing a draft law on the abolition of all forms of additional salaries
ensure freezing base salary and full
application of the rule of triple (or any other procedure was possible because
growth of salaries in the public sector recorded high growth, so
base salary dropped to the level three times very quickly over the years
2003 and 2004). This Act (no. 626/2004 Coll., On amending some laws
Following the implementation of public finance reforms in the area of ​​remuneration)
Chamber of Deputies approved on 26. 11. 2004, and the government has already 8. 12. | || 2004 submitted to the Assembly of Deputies (839 print) of the Act, whose purpose was
salary levels reached after the first thawing 1, 2005 to fix
next three years - in relation to judges - (2005, 2006, 2007 )
other officials even reduce the amount of earlier before the first 1, 2005. It will thus ensure
[explanatory memorandum to print 839 (IV. term)] "that
since 2006 occurred further deepening the difficult zdůvodnitelnému
disparity in the level of salaries mentioned persons to the detriment of those persons who
a base salary increase in 2005 ". "Austerity" measures
remuneration of employees in the public sector while
According to the petitioner was only apparent, because the growth rate of the average salary in the non
sphere in 2002-2007 (which was the period when the planned restrictions for
constitutional factors) were annually 5 to 10%. Salary in public administration
between 2004 and 2005 increased by CSO data from 20 490 to 22 307 CZK, ie.
About CZK 1,817 (8.9%), while the apparatus of the offices were recorded
increasing the average salary of 22,978 to 25,824 CZK between 2004 and 2005 (o
2846 CZK, ie. 12.4%). The highest tariffs for the remuneration of officials
ministries based on Government Regulation no. 330/2003 Coll.
increased between 2004-2006 from 27 700 to 33 250 CZK (5550 CZK, ie. 20%).
According to the petitioner, the fact was completely different from the reasons that should lead to
freeze salaries of constitutional officials in 2002-2007 (
salaries in the public sector was booming), and even fundamentally different from the plans, | || which the legislature was guided to change the concept of the salary base 1
first 2004; Service Act come into force and the duties and limits
officials, which should find its reflection in salaries,
saw no major changes.

Deputies interrupted the discussion of the draft Act (print 839) and
been returned to him, then the debate (2005), however, according
conviction Municipal Court in Brno showed what consequences resulting
constant pressure Government's repeated interventions in the salaries of constitutional officials
(petitioner in this regard highlights the fact that MPs criticized the government
conceptual lack of clarity and lack of any analysis).
Another hit to the remuneration of judges was made Art. XLVIII Act no.
261/2007 Coll., On stabilization of public budgets in the form of "extraordinary
measure for determining the salary and certain reimbursements of expenses representatives
state power and some state bodies and judges
in the years 2008-2010 ". This "exceptional measure" consisted in freezing the pay
base at the level reached 31. 12. 2007, and suspending
rules contained in § 3 para. 3 of the Law on salaries (session three times)
for a defined period of 2008 -2010. The method of determining the wage base was
this Act (explanatory memorandum - Printing 222) designated as
automatic indexation that will not be used "for the period specified
to consolidate public finances" (print 222/0, part 2/22 ).
Salary structure of the base, which is at the salary judge and multipurpose compensation based on the principle
three times the average salary of individuals
non-business sphere the year before last and was suspended for
pre-defined period of three years until 31. 12. 2010. The base salary was

56,847 CZK (the Ministry of Labour and Social Affairs Decree no. 582/2006
Coll., On delivery of the salary base for determining salary and some
reimbursement pursuant to Act no. 236/1995 Coll.
salary and other indemnities associated with the position of representatives of state power and
some state bodies and judges and members of the European Parliament, in
amended in 2007).

From the perspective of constitutional arguments petitioner argues - based on the historical development
material security of judges after 1995 - in the first row
affected the legitimate expectations. It is based on the finding
according to which the provisions of § 3 para. 3 of the Law on salaries (laying down rules for
teaching salary base as three times the average salary in the public sector
year before last) was added to the law on salary || | incorporated by Act no. 309/2002 Coll. with effect from 1st 1, 2004, it was his
part in this form for a period of seven years, as a rule, which replaced the original design
tying the salary base with the highest tariff
ministry official. At the time of the adoption of Act no. 309/2002 Coll.
So all the judges (but also other government officials) enjoyed
legitimate expectation that this has reduced the level of their income levels
is socially acceptable and that they, as part of the security
material belonging to the framework of judicial independence will
provided. But if this level after a predetermined time period
suspended, judges have a legitimate expectation that the expiry of this period
will again be recipients of salary that will guarantee one socially
settled session. Deputies government proposal submitted to it on
12th 10. 2010 approved 10. 12. 2010, ie. 20 days before the expiry
three-year moratorium, thereby reducing the subject session at 2.5 times -
in absolute terms of the amount of CZK 69,297 (average salary in 2009:
23 099 CZK x 3 = 69,297 CZK to the amount of CZK 57,747). The Senate approved the Law
six days after the date 16. 12. 2010 and the president signed it
next day after receipt 17. 12. 2010. Procedure legislator
According to the petitioner documented concerns about possible delays in the adoption of this | || law. Interference in the legitimate expectation that occurred just a few
days before the expiration date, after which there would be a return to expected
sessions. The Act was promulgated 30. 12. 2010, when the expected resumption
sessions remained single day.

The legislature according to the Municipal Court in Brno salary reductions session
base of the average wage in the public sector intervened
legitimate expectation of judges within the meaning of Art. 1 of the Protocol, in the sense
case law of the European Court of Human Rights [judgment of the European court of human rights
of 22. 6. 2004, Broniowski v Poland (application no. 31443/96
, Reports 2004-V)], and Art. 1 of the Constitution (implying a principle || | legitimate expectations as part of the democratic rule of law).

If the real intentions of the executive to reduce the level of remuneration
constitutional officials far more than hinted at in 2002, then
According to the petitioner was based on clear analysis of advance notice, where
intends to bring the level of remuneration of judges and in relation to the level achieved
freeze for years. Legislative power, however, could not provide a certain level
salary base (three times the average salary in the non-business sphere
) to create a legitimate expectation that it is a true and real intent
(for seven years), and then a few days ago restoring the original sessions
basically general provisions salary base and replace it by an ad hoc
set absolute numbers for a period of 4 years; in terms of time and
had a legislature could have done much earlier (probably already in
2002, when the newly determined the rules if that was his true intentions and the actual
).

Expectations judges were according to the Municipal Court in Brno real
entirely legitimate and very strong (supported by years of salary and other restrictions in the
material security as they will be highlighted in a different part of the proposal
). The legislature thus reducing the wage base for the session
average wage in the public sector intervened legitimate expectation
judges in the sense of Art. 1 of Protocol and Art. 1 of the Constitution (the principle of legitimate expectations
as part of the democratic rule of law).
The petitioner further believes that this action was not sufficiently justified by the public interest.

Any interference with the rights and freedoms protected by the Convention for the Protection
Human Rights and Fundamental Freedoms and the Constitution must pursue a legitimate aim
. According to the explanatory memorandum and stenographic records of discussions
bill (printed 133, Senate Document 9) the amendment of § 3 para. 3
into law on salary incorporated as a pre-fuse addressing the consequences of a possible derogative
verdict of the Constitutional Court (
petitioner in this context pronounced astonishment conviction executive and probably
legislators that this can create a "material core" wage bill
which will be located beyond the reach of the Constitutional court). Already this objective
considered as grossly inconsistent with the principle of the democratic rule of law
(present and receive the law as a safeguard against possible interference
Constitutional Court). It referred to the Constitutional Court decision. Nos. Pl.
US 16/11, in which it was included stating that such an approach
legislature must be seen as a departure from the framework of principles of democratic constitutional
political culture. After derogatory judgment file. Nos. Pl. US 16/11
2011 must be applied to the reduced salary basis
2.5 times the average wage in the public sector in 2009, in the years 2012-2014
however, to be re-applied provisions governing
ad hoc salary base, in an amount less than in 2011 (as stated
petitioner, these provisions, however, by the finding of the Constitutional court. Ref.
Pl. US 16/11 can not be for lack of locus standi
assess the complex changes brought by law no. 425/2010 Sb.). The Municipal Court in Brno
somewhat ironically on this site points out that the intention of saving
in all areas financed from the state budget, declared
explanatory memorandum to print 133 (government bill), itself undoubtedly
the intention is honorable; to be conforming to the Constitution, must be
proved that the normative measure coincides with the declared purpose
a stand on the need for (possible
plurality of possible normative means in relation to the intended aim and their subsidiarity from
in terms of limiting constitutionally protected values).

Judges' salaries were frozen in 2002-2005 and then again
endured from 2007 to 2010. According to the Municipal Court in Brno restrictions, if it is to be truly just
restrictions, and not cause permanent damage to the security of judges, must be
relatively short and must once the reasons for which it was introduced
subside, lead to a return to the originally set values.
Normative means that the legislature chose (reducing the wage base from
three times to 2.5 times, an increase of 16.6%), according to the petitioner
showed distinct signs of arbitrariness, which is contrary to the principles of the rule of law | || since this resource was chosen as "insurance" against
derogation of the provisions of the Constitutional court and lacks proportionality in relation to
measures on remuneration in the public sector. It further states that
according to Czech Statistical Office data, in 2011 the remuneration in the public sector
earmarked 10% of the wage bill
less than in the previous year, with an estimated decline in nominal average salary
in the public sector around 1% in 2010, there was an
nominal decline of 0.8%. This is according to him a first
negative effects of austerity measures in public administration to pay, but these impacts
deemed to be disproportionate in relation to the judiciary, and it
due to restrictions against the judiciary since 2000,
further due to the economic situation of the Czech Republic in 2010 and in
2011 session to develop base salary and average salary
physical persons in the public sector in the period 1996-2014, the average development session
judges' salaries and the average salary (per FTE)
in the public sector in nominal and real terms in the period from 1997 to 2010
and, ultimately, the development of the remuneration of officials of central organs of state administration
according to media published data.

Based on the foregoing, the petitioner notes the Government's assertion as
promoters Act no. 425/2010 Coll. In the explanatory memorandum (print 133), according to which
thus fixed salary basis "is reasonably higher than in previous years
" (31 12. 2010 frozen base totaled 56,847
CZK, base pursuant to § 3 paragraph. 3 of the salary from 1. 1. 2011 is 57
CZK 747.50), and concludes that the nominal difference + 900.50 CZK
after years of stagnation, signifying a deep slump in the real value of wages,

In addition, for a period of one year with a vision to return to the previously frozen value
for a further period of three years, this trend decline in judges' salaries remain unchanged.
Government according to the petitioner did not substantiate (in addition to the costs for the state budget
associated with recovery of legal mechanism
base salary as three times the average salary in the public sector), why
considers such an intervention (a reduction of almost 17 bases
% if we consider a base of three times achieved in 2005) into legal and
long legitimately perceived sessions as necessary and inevitable.

Municipal Court in Brno expresses its conviction that no group of employees
to 2011 (from 2002 onwards)
contributed to the stabilization of public finances and reform their
or address the consequences of the economic crisis of recent years as it made the judges.
Savings amounted billion, each judge has contributed hundreds of thousands;
savings to pay district court judge since the beginning of the sixth year netted practice makes
for the years 2008, 2009, 2010 and 2011 the amount of CZK 425,100 (estimated by the petitioner
savings of about 3,000 judges was for that period
least 1.3 billion. CZK). According to him, the judiciary can not be subduction that
does not honor the principle of solidarity, until 2011 it in relation to the state
expressed exclusively judges and other state officials.
Long-term trend level reduction of judges' salaries considered as a populist gesture.
Listed for petitioner is of the opinion that after a decade of constant interference
to the remuneration of judges is no longer a thing to be seen only through the prism of nominal
simple numbers; drop in sessions such as this proposal
captured, leading to a deep real decline in the remuneration of judges,
and it is the only group of persons compensated from the state budget.
Has yet to go on the group, in which the layout area of ​​intervention
far more limited than in other groups. In addition, the petitioner further states,
lagging salary levels for judges salaries of senior civil servants led
direct conflict with the hypothesis outlined in the Constitutional Court judgment. Nos. Pl.
US 55/05, according to which the ratio achieved in the material security
representatives of the various branches of power should be maintained in the future.
In contradiction with this thesis salaries of senior officials of the state administration order
exceed the salary of a judge at the beginning of his career (judge of the court of first instance with eight years experience
), moreover they exceed the salaries and other constitutional officials,
which according to the petitioner indicates collapse of the remuneration system of constitutional
officials as a whole, which is one of the causes of summer and lasting
compress the wage base (decrease between 2007 to 2010 from the 3 to
value 2.57) and now even its nominal one-off reduction
drastic measures (reduction by 16.6%). In relation to salary restrictions in public administration
for the period of 2011, the petitioner claims the inequality
with regard to areas where the restrictions prevent, respectively. which were
volumes increased wages (education and health).

Act no. 236/1995 Coll. It was adopted, inter alia, to stabilize the situation
in justice in connection with the departure of judges to more lucrative
legal profession. The result after 15 years, both in its application
evidenced by Municipal Court in Brno, the fall session of the base salary and
average salary in the public sphere of the value of 4.38 in 1996 to 2.5 in 2011.
ie. about 43%, or almost half.

The petitioner alleged disproportion to his or her relative level of salaries of judges and
salaries in the public sector also presents another argument. If § 3
paragraph. 3 of the salary used to determine the salary base
indication of the average salary of individuals, makes a base salary dependent upon
data, which has already CSO in principle for statistics abandoned in 2009 and
take into account the length of time jobs for employees , thus suffers distortion.
The average salary of a judge was calculated from the volume of paid gross salaries
rebased against state judges. The year 1997 was chosen as the starting
with regard to the beginning of the new remuneration of judges, the rise in prices is given by
CSO data. Fluctuations in the curve of the average salary of a judge are due -
petitioner's opinion - the settlement of the so-called. Additional salaries for the years 2002
2003, 2004 in 2003 and 2005 as a result of the Constitutional Court.
From these data suggest that if should be between average salaries in the public sector and
average salaries of judges retained from session

1997 should provide for a base salary level 3,4násobku. If
should be preserved session of 2005 (when the
temporarily "freezing" the pay), it should be according to the petitioner
increase the base salary for the average salary 3,2násobek.
Judges were affected, according to him until 2010
unprecedented decline in the fair value of the average salary, compared with the average salary in the public sector
- between 2005-2010 increased in real terms
average salary in the public sector to 106 % (if 100% in 2005), while the average salary of a judge
fell down to 82% in 2010. Such
decline in the fair value of income for the work has not been affected
any other employee in the public sphere. This development
petitioner considers relevant for the purposes of assessing the proportionality of a reduction in the wage base
1. 1. 2011. Maintaining session three times considered as a guarantee that the slump
remuneration of judges will be partially stopped.

Petitioner points out government's policy statement in which that "
perceives the position of judge as the pinnacle of the legal professions" and to contrast
this thesis puts information about the session judge's pay and salaries in the public sphere.
District Court judge with eight years of experience should have according to him, in 2011
monthly salary of 54,600 CZK, after intervention by the Constitutional Court judgment file.
Brand. Pl. US 16/11, the amount of salary in 2011, 58 400 CZK, in
2014 the amount of 57 500 CZK. In relation to the average salary in the public sphere
achieved in these years will be a 2,5-2,3násobek. The average salary
undergraduate in 2010, according to CSO data, amounted to CZK 45,909, the average salary of a lawyer
51 244 CZK according to CSO data, from which it follows that the salary
judge is just slightly above these average salaries.
Data on the real level of salaries of central government lead petitioner to vote
hypothesis that the salaries of senior officials from ministries (Directors, Senior
directors and deputy ministers) normally exceed the salary of a judge twice or thrice
. Rewards given to those officials reach hundreds of thousands to millions
amounts in the annual aggregate - according to data derived from public
media only on a biannual bonuses Ministry used in 2011
more than CZK 100 million (a reduction in base salary of judges by 5% 2011 should bring
CZK 104.5 miles). Final state budget for 2010 available on
www.mf.cr (Part C Report on the results of the state budget)
According to the petitioner shows that central government authorities
occurred in 2010, a non-significant decline the average salary compared to 2009
(-0.8%). According to CSO data, the average salary in the undergraduate class
leadership and management employees in 2010 86 198 CZK.
Generally the average salaries of university graduates rose from 2002 to 2009
32% (from CZK 31,835 to CZK 46,801), while the aforementioned salary
judge with eight years of experience in the year 2002 -2009 shows growth of 10%
lower (in 2002 amounted to 47 000 CZK, 2009 CZK 57,500); Judge salary
therefore grow at a pace even as the salaries of university graduates in general.

Another argument supporting the proposal of the Municipal Court in Brno voucher
other restrictions, which are subject to the judges: It is a security
reduce sickness from 1. 1. 2011 (according to the tenth of Art. XVII of the Act no.
347/2010 Coll., amending laws in connection with the austerity measures
in the Ministry of Labour and social Affairs), which lacks respect for the nature of work
judge to whom the case for discussion and decision to invade | || regard to the principle of statutory judge, regardless of its
absence due to illness or vacation. Furthermore, concerning tax refunds and multipurpose
its submission on social security contributions (§ 6 para. 10
Act no. 586/1992 Coll., On income taxes, as amended by Act no. 346/2010 || | Sb.), and unlike such refunds. according to § 6 par. 7 point. c)
quoted law enjoyed by the employee and not subject
taxes. The petitioner refers in this connection and to increase the so-called.
Ceilings on premiums for social security from 2010 and 2011 (according to §
15b of the Act no. 589/1992 Coll., On Social Security and || | contribution to the state employment policy, as amended by Act no. 362/2009
Coll., and Act no. 347/2010 Coll.), having resulted in a decrease in net income
part of the judiciary in 2010 and 2011. the petitioner warns

Highest range, limiting the judge's personal life from all
státněslužebních labor relations, in particular the prohibition to replace the loss of income
other work activities.

On the sidelines of the argument need to restrictions due to the current economic crisis
petitioner states that in January 2012 published by the Ministry of Finance
macroeconomic forecast of the Czech Republic that reached
increase in average nominal wages in 2011, about 2, 2% in 2012
Ministry of Finance expects the average wage increase of 2% of GDP in 2012, the
grow moderately by 0.2% in 2013 should increase economic output
1, 6%. The petitioner emphasizes the fact that
no way underestimates the implications of developments in the euro area, but stresses that in case
security of judges in terms of long-term interventions (ie not
responding to current developments), accumulated (a combination of long-term freezing
salaries, reducing the wage base and other restrictions in
security) and devoid of any proportion in relation to the remuneration
in the public sphere. Claimant also not known if similar
long-term restrictions on judges proceeded any state
geopolitical neighborhood Czech Republic.

From all these facts derives as a result of reduced social
prestige of the judicial profession, and at this point refers to the findings of the Constitutional Court
. Nos. Pl. US 12/10 and Pl. US 16/11, according to which "...
leveling in its consequences inevitably leads also to descend judiciary
status within the middle social strata, its revenue
degradation in relation to other legal professions and umenšování his
necessary social prestige. "

In relation to the alleged unconstitutionality of § 3b par. 2 Act on
salary petitioner further states that the legislature for setting the salary
base in 2012-2014 chose the method explicit, firm, ad hoc
for this purpose, calculated amounts: for 2012-2014 in terms of the amount of CZK 2
higher than that paid in 2008-2010 and 898.50 CZK
lower than in 2011. in this context, refers to the opinion,
which the Constitutional court in its judgment. Nos. Pl. ÚS 16/11 rejected the arguments contained in the explanatory report
(print 133) on the draft law no. 425/2010 Coll. an evolutionary remedy in the past
"incorrectly" set the wage base and proportionality in relation
declared savings in the public sphere. At the chosen method of regulation
remuneration of judges refers to the opinion contained in its judgment. Nos. Pl. US
55/2000 dated 18. 4. 2001 (N 62/22 SbNU 55; 241/2001 Coll.), [As well as the findings
sp. Nos. Pl. US 29/09 of 3 11. 2009 (N 233/55 SbNU 197;
387/2009 Coll.) And Pl. US 24/08 of 17. 3. 2009 (N 56/52 SbNU 555;
124/2009 Coll.)]: "The basic principles of substantive law
belongs highs general legal regulation." Notes that the legislature
salary restrictions in the past variously conceived;
For example, a typical method was that it suspended the general rules of construction
base salary and determined that the level of the salary base with
used for a number of years (ie. a freeze). The situation is different, however, is now
in the present case - the legislature in setting § 3b par. 2 Act on
specific salary, expressed in absolute numbers the value of the base salary of judges
created individual act directed against specifically designated recipients
for a defined period (without further stated, as defined by the amount
arrived). It is a situation which according to the petitioner wanted the law on salaries
accepted in the mid 90s specifically to prevent, ie.
eliminate situations where the legislature should be ad hoc every year according to current
political mood will determine how to reward judges. In the present case, moreover, according
it clear that it is a regime that corresponds to the time range
term.

Finally, appellant contends comparative argument: Refers to
Council of Europe report in 2010 on European judicial systems
involving all Member States which contains the data of 2008
[available on www.coe.int/ (System judiciaires européens, édition
2010)] and that section 11.3 describes the state of the remuneration of judges and state representatives
. Table 11.11 of this report compares the gross income of a judge at the beginning of his career
average gross wage. Average session in the
countries of the Council of Europe is 2.5, Czech Republic in 2008, has recorded
value of 2.1, below the average of the Council of Europe: higher values ​​have such countries

As Armenia, Bosnia-Herzegovina, Azerbaijan, Lithuania, Latvia, Estonia
, Montenegro, Romania, Russia, Serbia, Slovakia. In many countries, the Council of Europe
then judges enjoy various types of other advantages (special
pensions, allowances related to housing, reduced taxes, special types
life or health insurance, car and driver costs of representation
or other types of benefits). In comparison, the petitioner considers
5.5% reimbursement of representation and literature Czech
judges as disproportionate. Another drop in the level of remuneration of judges
considers the degradation of the Czech Republic as a country after 20 years of trying
restore the values ​​of the democratic rule of law.

Part of the comparative argument is also reference to the jurisprudence of the European
constitutional courts. The Constitutional Court of the Republic of Poland admits
interference in judges' salaries to a situation in which the Polish Constitution prohibits generally
indebted state [ie in a situation where public debt exceeds 3/5
value of the annual gross domestic product (Decision sp. Ref. K 12/03).
The Constitutional Court of the Slovak Republic in its judgment. Nos. Pl. US 12/05 voiced
unconstitutional law (s), which for several years (2003-2006)
delaying effect of the law under which judges belonged additional salary.
With reference to the principle of legitimate expectations, clarity, stability and legal certainty
spring out of the general principle of law in the opinion of the Constitutional Court
possible to speak of "temporary" if interventions
last several years. This argument also used by the Constitutional Court of the Republic of Latvia
(sp. Zn. 2009-11-0), in a much worse economic situation than
in our country and in a situation where the relationship salary of a judge at the beginning
career average salary showed a favorable tendency than in the Czech Republic
[Report by the Council of Europe - Commission for the efficiency of justice
(CEPEJ) 2010 - Annex no. 8]

The petitioner believes that the legislature's intervention in the above base salary
violated in relation to judges of the majority before the Constitutional Court
outlined Maxim did not respect different layout spaces
against judges, violated the principle of proportionality, the political objective was to | || reduction efforts sessions salaries of the judiciary to the executive branch, while
interference in the wage base has violated the principle of legitimate expectations as
principle immanent democratic rule of law. This restriction then
been dealt with by the judiciary. For those intervention in § 3 para. 3
Act on Salaries considered inconsistent with Art. 1, paragraph. 1 of the Constitution in conjunction with Article
. 81 and Art. 82 para. 1 of the Constitution, Art. 1 of the Charter, as well as Art. 1
Protocol, which make clear the state obligation to ensure that judges and materially
independence, as a guarantee of fair and equitable decision-making, || | of which also follows the principle of legitimate expectations and the right to good
laws, as well as Art. 1, paragraph. 1 of the Charter, which provides for equality of rights
because the legislature of judges in order to get closer to leveling in
outcome.

The legal effects of the proposed repeal Municipal Court in Brno states that in the present case
this is a situation similar to that already assessed
Constitutional Court judgment no. Nos. Pl. US 2/02 of 9. 3. 2004 (N 35/32 SbNU 331;
278/2004 Coll.), Which concluded that it is necessary to cancel the amendment of the Act, and as a result
restore the legal position prior unconstitutional intervention.
He believes that in relation to intervention in § 3 para. 3 of the salary
Act no. 425/2010 Coll. need to talk not only about changing the law, but
materially ad hoc departure from the general rules set out clearly defined
previous version of the law. General rule base salary
not be used until 2015, unless should enter into force as
'insurance policy' against the intervention of the Constitutional Court (which actually occurred and for the year 2011
came to life she "fuse") . Conceive law as "insurance" against the Constitutional Court
In addition, without the necessary discourse
judiciary (a fundamental change in the wage base is not no justice
hearing) is, according to him resign on the constitutionality of the legislative process
. Therefore considers that the conditions for a derogation
derogation (ie to cancel the amendment made in relation to
§ 3 para. 3 of the Law on salaries Act no. 425/2010 Coll.). He believes that
such a procedure does not preclude the reasoning of judgment file. Nos. Pl. US 16/11, in which
Constitutional Court examined similar arguments, but with regard to the conclusions adopted
time to the petitioner. these arguments

But according to him, can be applied only in relation to the newly včleněnému
provisions of § 3b paragraph. 1 of the salary, which was annulled by the Constitutional Court
. Therefore formulates a draft statement of claim, possibly; event that would
Constitutional Court did not share the petitioner's opinion on the derogation
amendment by Act no. 425/2010 Coll. (Primary petit), proposes for the case
abolish frontier times the average salary in the public sector
effective for 2011 (the eventual petit), and open the door for
legislators to this unconstitutional treatment for the area
judiciary has changed.

The temporal effects of a possible derogative judgment
petitioner adds that between the announcement and necessary act of the legislature should pay
supporting reasons finding a base salary of judges should be determined
as three times the average salary in the public sector
before last year, when, in his opinion, this rate base also in earlier
decisions of the Constitutional court expressly approved of [cf.. Judgments. Nos. Pl.
US 55/05, Pl. US 13/08 (both above), Pl. US 15/09 of 8
7. 2010 (N 139/58 SbNU 141; 244/2010 Coll.)].

Simultaneously petitioner proposed that the Constitutional Court in accordance with § 39 of Act No.
. 182/1993 Coll., On the Constitutional Court, as amended by Act no. 48/2002 Coll.
Ruled on the petition, preferably, with the argument
repeated interference by the legislature in the direction of restricting salaries of judges, his intensity | || as well as the general impact on decisions regarding the high number of lawsuits
judges to supplement the salary and reimbursement of expenses for January 2011.

II.

Recap essential parts of the response of the

According to § 42 para. 4 and § 69 of Act no. 182/1993 Coll., On the Constitutional Court,
amended, the Constitutional Court sent the petition to the Chamber of Deputies
. In its statement of 20 December 2011
President of the Chamber of Deputies of the Czech Parliament Miroslava Nemcova
refers to the facts already contained in the statement
Chamber of Deputies a proposal to repeal parts of Act no. 425/2010 Coll. sp. Nos. Pl.
US 16/11 of 19 April 2011. It further states that the draft law laying
amending Act no. 236/1995 Coll., On salary and other compensation related to performance of functions
representatives of state power and some state bodies and
judges and Members of the European Parliament, as amended, and
Act no. 201/1997 Coll., on salary and some requirements
state representatives and amending and supplementing law no. 143/1992 Coll., on salary and remuneration
for work readiness in budgetary and some other
organizations and bodies, as amended, as amended
, the Government submitted to the Chamber of Deputies on 12 October
2010, and was sent as Chamber of deputies debated the bill 133.
budget committee and constitutional committee whose proposals do not touch
government proposed wording of § 3 para. 3, as well as suggestions of deputies, who
appeared in the second reading, held on 7 December 2010. the proposal
Act was adopted in the final vote, in which the Chamber of deputies
endorsed the wording of the bill by the number of votes from the present 162
147 deputies in favor and 1 against. Deputies transmitted on 10 December 2010
bill to the Senate, which discussed it and approved
at its meeting on 16 December 2010. The president signed the Act
17 December 2010. The approved bill was delivered to
signature of the Prime Minister and in the Official Gazette was announced on 30 December 2010.

Chairwoman of the Chamber of Deputies at the end of his statement notes that
Act no. 425/2010 Coll. was adopted after a properly conducted
legislative process and the Constitutional Court, in connection with the petition
Municipal Court in Brno on the repeal of the law's constitutionality
evaluate and issue an appropriate decision. To request the Constitutional Court on 25 April 2012
service of the President of the Chamber of Deputies of the Czech Parliament
to supplement the proposal concerning the repeal of §
3b par. 2 Act no. 236/1995 Coll.
salary and other indemnities associated with the position of representatives of state power and
some state bodies and judges and members of the European Parliament, in
amended by Act no. 425/2010 Coll. The brief states that when discussion
this provision of Deputies was the wording proposed by the Government
prejudice amending the draft Constitutional Law Committee, which in the third

Reading of the bill was not passed when the 164 deputies present, 65 voted for and
71 against its adoption. Furthermore it in other
refers to statements of 20 December 2011.

According to § 42 para. 4 and § 69 of Act no. 182/1993 Coll., As amended
regulations, sent the petition to the Senate of the Parliament of the Czech Republic
. In its statement dated 7 December 2011 by its chairman Milan Stech
states that the petitioner, Municipal Court in Brno, presented
3rd November 2011 the Constitutional Court - the eventual form -
proposal to repeal provisions of the laws relating to base salary adjustments for judges
consisting of permanent change rate used in the calculation of the base salary
(down from three times to 2.5 times). This is according to him a
matter that builds on the previous proposal, which was at the Constitutional Court
discussed in the proceedings under file. Ref. PI. US 16/11.
Part of those proceedings was - among other things - a proposal to repeal the provisions
point 2 of Article. Even the first part of Act no. 425/2010 Coll., Eventually repeal
§ 3 par. 3 of Law no. 236/1995 Coll., which the Constitutional court rejected
with a detailed justification based on the fact that in relation to these provisions
petitioner at the time of deciding this matter, the Constitutional court did not satisfy the conditions
locus standi under Art. 95 para. 2
Constitution. This situation was subsequently addressed in proceedings brought by
general court, which in relation to the said Constitutional Court ruling was
emanate from the court to exclude certain parts of belongings to a separate
management and also was part of the claimant to extension of the action and the court admitted the change
action. According to the petitioner in connection with
now filed a petition to annul the contested legal regulation goes - in terms of active
Standing The petition - a petition filed after the question has to be
statutory regulation on the applicant's case specifically applied, and the petitioner | || concluded that a provision should be in resolving the matter,
it is inconsistent with the Czech constitutional order.

The statement further states that any changes to the statutory salary adjustments for
occurred under the Act no. 425/2010 Coll., As well as his
hearing in the Senate bodies and the Senate meetings, everything was essential
already mentioned in the statement of the Senate, which was sent April 15, 2011 under No.
. j. 3740/2011 in the case before the Constitutional Court as file. Nos. Pl. US
16/11. This statement of the Senate, to which was attached also
stenographic record of the meeting of the Senate, where the bill was adopted
under no. 425/2010 Coll. discussion and resolution of the Senate to the proposal
Act, therefore the next chairman of the Senate refers. In conclusion statement
chairman of the Senate expresses its conviction according to which it is for the Constitutional Court
to assess the constitutionality of the contested statutory provisions and
decided.

To request the Constitutional Court was on April 25, 2012 statement delivered
Chairman of the Senate of the Czech Republic to complete the proposal,
concerning the annulment of § 3b par. 2 Act no. 236/1995 Coll., On | || salary and other indemnities associated with the duties
representatives of state power and some state bodies and judges and Members of the European Parliament
, as amended by Act no. 425/2010 Coll. Senate President
it to its original statement of 15 April 2011 on the petition originally
Brno Municipal Court in case no. Nos. Pl.
US 16/11.

III.

Waiving hearing

According to § 44 par. 2 of Act no. 182/1993 Coll. the Constitutional Court
consent of the parties waive a hearing, unless from him
expected to clarify the matter. Given that both the petitioner
filing delivered to the Constitutional Court on 16 April 2012 and a participant in the proceedings
memorandum President of Chamber of Deputies of the Parliament of the Czech Republic
delivered to the Constitutional Court on 25 April 2012 and Chairman
Senate of the Czech Republic, delivered to the Constitutional court on the same day
consented to waive a hearing and further
due to the fact that the Constitutional court has held that a hearing can not expect more || | clarify the matter, a hearing in the matter was dropped.

IV.

Wording of the provisions of the contested legislation

Point 2 of Art. I of the Act no. 425/2010 Coll. reads: "In § 3 para. 3
word, three times 'is replaced by 2.5 times.'"


§ 3 par. 3 of Law no. 236/1995 Coll. states: "
base salary is from January 1 to December 31 of the calendar year
2.5 times the average nominal monthly wage of individuals in the public sector
obtained according to published data of the Czech Statistical Office for the last calendar
year. the amount of base salary for the relevant
calendar year, the Ministry of Labour and social Affairs in the Collection of laws
communication. "

According to § 3b par. 2 Act no. 236/1995 Coll. true: "From January 1
2012 to 31 December 2014, the base salary for judges 56 849 CZK."

V.

Terms of locus standi of the petitioner

Proposal to repeal parts of Act no. 425/2010 Coll. (Or parts of Act no.
236/1995 Coll.), If they contain restrictions on remuneration of judges (§ 3 para.
3, § 3b), along with a proposal for priority decision in the matter under §
39 of Law no. 182/1993 Coll., was passed by the Municipal court in Brno
according to § 64 par. 3 of Act no. 182/1993 Coll., as amended
regulations.

As mentioned in the narration, in the case file. Ref. 35 C 35/2011 is
Municipal Court in Brno decided on the appeal which the judge of the District Court
Brno-Country seeks against the Czech Republic - The District Court in Brno-Country
payment of the amount of the difference between the right of the plaintiff to pay within the meaning of §
28 to § 31 of the salary and the entitlement to reimbursement of expenses pursuant to § 32 paragraph
. 1 point. a) of the same Act, and according to the original statement of claim for
January, according to its extension beyond September 2011, and the actual paid
salary and expenses reduced with effect from 1 January 2011
Law no. 425/2010 Coll., Amending the law on salaries. Prosecutor overdue
salary for September 2011 expanded the action of the supplement salary and reimbursement for
this month; calls to supplement the salary and reimbursement of expenses for the period to the publication
Constitutional Court judgment dated August 2, 2011 sp. Nos. Pl. US
16/11 and the subsequent announcement of the Ministry of Labour and Social Affairs
about the amount of base salary for 2011 and for the period after publication
discovery and communication. The petitioner Resolution dated 24. 10. 2011, ref. No. 35 C
35 / 2011-125 change action admitted. Prosecutor overdue salary for January 2012
extended action of the supplement salary and reimbursement for this
month, the difference between the paid salary and compensation spending
depending on the amount of the salary basis requirements of § 3b paragraph.
2 of the salary for the year 2012-2014 and the salary and expenses
determined depending on the salary base
representing three times the average nominal monthly wage of individuals in the public sector
for the last calendar year. Resolution of 14. 2. 2012 ref. No. 35 C
35 / 2011-168 Municipal Court in Brno change action admitted.
Resolution came into force on 24. 2. 2012.

Procedural requirement of locus standi of the court pursuant to § 64 par. 3
Act no. 182/1993 Coll., On the Constitutional Court, as amended,
is that the statute, if necessary. its individual provisions, which
repeal is proposed, subject to tribal control, which establishes
for consideration of the matter by the decision of the court grounds.
Its locus standi of the petitioner is based on the finding according to which during
solving this matter must apply § 3 para. 3 (and for part
the claim relating to supplement salary and reimbursement of expenses for the month of September
2011) and § 3b paragraph. 2 (and for part of the claim relating to the
supplement salary and reimbursement of expenses for the month of January 2012), the Law on salaries in
amended by Act no. 425/2010 Coll.

According to the description of the proceedings before the General Court may, on the
petitioner has met the conditions of standing for
norm control proceedings in relation to both § 3 para. 3 and § 3b paragraph. 2 | || law on salary, as amended by Act no. 425/2010 Coll. When assessing
part of the claim relating to supplement salary and reimbursement of expenses for the month
September 2011 after the adoption of the derogative judgment of the Constitutional Court. Nos. Pl.
US 16/11 must apply the provisions of § 3 para. 3 of the Law on salaries, as amended
Act no. 425/2010 Coll., In the assessment of the claim relating
to supplement salary and reimbursement of expenses per month January 2012
must then apply § 3b par. 2 Act on salaries, as amended by Act no. 425/2010 Coll.
These facts led the Constitutional Court to accept the extension of the statement of claim as

Was included in addition to the proposal delivered to the Constitutional Court on 26 March
, 2012.

In relation to point I of the draft Constitutional Court notes that in its settled case law
repeatedly took legal opinion, according to which an amendment to the legal regulation
not have a separate normative existence, becomes part
amended legislation [ Judgments. Nos. Pl. US 5/96 of 8
10th 1996 (N 98/6 SbNU 203; 286/1996 Coll.), Pl. US 33/01 of 12 third
2002 (N 28/25 SbNU 215; 145/2002 Coll.), Pl. US 7/03 of 18 8. 2004
(N 113/34 SbNU 165; 512/2004 Coll.), I. CC 504/10 dated 21. 3. 2011, I.
US 1927 / 09 of 21. 3. 2011 resolution file. Nos. Pl. US
25/2000 dated 15th 8th 2000 (U 27/19 SbNU 271), Pl. US 3/10 of 20. 4. 2010, Pl. US
33/08 dated 11. 2. 2009 (Collection of Judgments and Decisions of the Constitutional Court
unpublished, available on http://nalus.usoud.cz), finding sp. Nos. Pl.
US 16/11 (see above)]. The Constitutional Court accepted the assessment of the amendment
legal regulation in case if it relied unconstitutional because of the absence of norm
or due to failure
constitutionally prescribed manner of its adoption and publication [cf.. eg. Judgments.
Brand. Pl. US 33/97 dated 17. 12. 1997 (N 163/9 SbNU 399; 30/1998 Coll.)
Pl. US 5/02 of 2. 10. 2002 (N 117/28 SbNU 25; 476/2002 Coll.), Pl. US
7/03 of 18. 8. 2004 (N 113/34 SbNU 165; 512/2004 Coll.), Pl. US 13/05
dated 22. 6. 2005 (N 127/37 SbNU 593; 283/2005 Coll.) And Pl. US 77/06 of
of 15. 2. 2007 (N 30/44 SbNU 349; 37/2007 Coll.)]. These legal conclusions
apply fully and to the present case. In connection with the assessment of the conditions
active standing of the petitioner to file a petition to annul the provision
then give reason for arriving at the conclusion of their unfulfilled.
For mentioned the Constitutional Court, Municipal Court in Brno seeking the annulment
provisions of paragraph 2 of Article. Even the first part of Act no. 425/2010 Coll., Which
amending Act no. 236/1995 Coll., On because of the obvious groundlessness according to § 43 paragraph
. 2 point. a), b) of Act no. 182/1993 Coll., as amended
regulations, refused.

In addition to the arguments of the petitioner regarding the repossession
validity and effectiveness of the amendment to the amended statutory provision as
effect of the repeal of the amendment by the Constitutional court must refer to the findings
sp. . I. ÚS 1696-1609 dated 8. 2. 2011 I. CC 504/10 dated
21st 3. 2011, which reviews in detail the previous case law on the issue
[contained mainly in judgments file. Nos. Pl. US 5/94 of
30th 11th, 1994 (N 59/2 SbNU 155; 8/1995 Coll.), Pl. US 21/01 of 12 second
2002 (N 14/25 SbNU 97; 95/2002 Coll.), Pl. US 2/02 of 9. 3. 2004 (N 35/32
SbNU 331; 278/2004 Coll.), Pl. US 6/02 dated 27. 11. 2002 (N 146/28
SbNU 295; 4/2003 Coll.)]. In general, the Constitutional Court judgments file
. . I. ÚS 1696-1609 and I. US 504/10 states the following:
"The Czech law is not explicit provisions that would
anticipate restoring force once the annulled law, SHOULD
revalidation be linked with the expression of the will of another state body
before Parliament; generally it must therefore be assumed that once
repealed law without his reinstatement will aiming to restore the force and effect of the Act
these properties can not recover. This principle, however
Constitutional Court made the necessary exceptions, but in this issue
respects the sovereignty of Parliament. As of decision no. Nos. Pl. US
2/02 Accordingly, the Constitutional Court gave Parliament time to the matters covered
act, which was later repealed the law unconstitutional,
reconsider and take the appropriate legislation that will respect fundamental rights and
freedom. In the cited decision of the Constitutional Court and
anticipated the possibility that the legislature will not hear an appeal guardian of constitutionality and due to the specific situation
- Protection of fundamental rights
hammered out legitimate expectations - determine other legal consequences of his decision. "From the viewpoint | || adjudicated matter, the Constitutional court concludes, under which lands on it
general rule arising from judgment. . I. ÚS 504/10 (as well as
previous case) and not in her case met the conditions for admission
exceptions to this rule. Seeks If the petitioner
expressing a similar conclusion, which made the Constitutional Court in its judgment. Ref.
Pl. US 02/02, in which after the abolition of the derogative provision stated
state recovery based derogovanými provisions
must be noted that unlike the case file. Nos. Pl. US 2/02 in the making

Case, any derogation of the provisions of paragraph 2 of Article. Even the first part of Act No.
. 425/2010 Coll., Amending Act no. 236/1995 Coll., Poses
derogation derogation.

VI.

Constitutionality of Jurisdiction and the Legislative Process

Constitutional Court in accordance with § 68 para. 2 of Act no. 182/1993 Coll
. in proceedings to review norms required to assess whether the contested act,
its individual provisions, if necessary. another legal regulation or its individual provisions
was passed and issued within the bounds set by
competence and in a constitutionally prescribed manner.

From the parliamentary publications and stenographic reports and statements
party to the proceedings, it was found that the Chamber of Deputies approved the draft of the Act
3rd reading at its 9th meeting on 10 December 2010 Resolution
no. 216, where out of 167 deputies present, 147 voted for
and 1 against.

Senate at its 3rd meeting on 16 December 2010 Resolution no. 67
mentioned bill in the version passed the Chamber of Deputies approved
which for this resolution of the 68 senators present voted in favor 46 against
they were 3 and 19 abstentions.

The Act was signed by the appropriate constitutional authorities and was
no. 425/2010 Coll. duly promulgated in Volume 147 of Collection of Laws, which were
distributed on December 30, 2010, and pursuant to Art. III came into force on 1 January 2011.


The Constitutional Court recalls that the constitutional conformity and competence
legislative process by Act no. 425/2010 Coll.
authoritatively expressed in judgment file. Nos. Pl. US 16/11. Based on the conclusions that the
the finding made, as well as recap
procedure for the adoption of the Act, the Constitutional Court states that Act no. 425/2010 Coll. u
note the lack of discussion of salary restrictions judges, and therefore
certain forms of interference in one of the components of judicial independence - the principle of stability
material security of judges, with representatives respectively.
Representatives of an independent judiciary, ie. Considering
violation of democratic political culture, was not accepted in such intensity
non-compliance with the safeguards concerning constitutional and legislative process skills,
which would establish the reason for its repeal. However, for the future, in
accumulation with other circumstances, ocitajícími is contrary to the principles
constitutional order, in this context does not exclude derogatory action.

VII.

Consistency of the contested statutory provision with the constitutional order
(constitutionality of salary limitations regarding judges)

Constitutional Court judges' salaries issue repeatedly in the past
deal. His earlier case summed up in Judgment. Nos. Pl. US 55/05,
to which he refers in its other findings concerning issues
judges' salaries, in judgments nos. Nos. Pl. US 13/08, Pl.
US 12/10 and Pl. US 16/11. Since it is evident that the parties to this case law
known, the Constitutional Court does not consider it necessary to reprint it
detailed recap.

The case law of the Constitutional Court, as well as its comparison with the case
European constitutional courts (see in particular the decision of the Constitutional Court
Republic of Poland sp. Ref. P 1/94 of 8 November 1994, K 13/94
of 14 March 1995, P 1/95 dated 11 September 1995, P 8/00 of 4
October 2000, K 12/03 of 18 February 2004), the question of constitutionality
salary limitations regarding judges derive these fundamental general theses:

* Evaluating the constitutionality of salary limitations regarding judges
for a specific period of the year falls within the framework defined by the principle of judicial independence
,
*
Constitutional status of the judges on the one hand, and representatives of legislative and executive
, especially the government, on the other hand
because of the principle of separation of powers and the principle of independence of judges differs
implying i different layout space for the legislature to pay
restrictions on judges in comparison with the layout space for such
restrictions in other areas of the public sector,
*
Interference in the material security of judges guaranteed by law can not be
expression of arbitrariness by the legislature, but must be based on the principle of proportionality
, justified by extraordinary circumstances, eg.
The difficult financial situation of the state, where even meet this condition must be taken into account
different function of judges and representatives of the legislative and executive
, especially the state administration; such interference may not create grounds for

Concerns that it may limit the dignity of judges (see Recommendation
Committee of Ministers of the Council of Europe. R. (94) 12 dated 13 October 1994), if necessary.
If not an expression of constitutionally unacceptable pressure by the legislative and executive power
on the judicial power.

According to the case-law of the Constitutional Court
principle of an independent judiciary is one of the essential requirements for a democratic state of law (Art. 9
paragraph. 2 of the Constitution). The requirement of an independent judiciary stems from two sources:
the neutrality of judges, as a guarantee of a fair, unbiased and objective
court proceedings and the safeguarding of the rights and freedoms of individuals
judge separated from political power. Judicial independence is guaranteed
guarantees special legal status (which must include
demoted, irrevocable and immunity), also guarantees
organizational and functional independence from bodies representing
legislative and executive power in particular, as well as separation
judiciary from the legislative and executive powers (in particular by applying the principle
incompatibility). In terms of content, judicial independence
ensure that judges are bound only by the law, ie. Excluding any
elements of subordination in judicial decisions. The basic components
principle of judicial independence, the Constitutional Court dealt with comprehensively in finding
sp. Nos. Pl. US 7/02 of 18. 6. 2002 (N 78/26 SbNU 273;
349/2002 Sb.).

Arbitrary interference by the legislature in the material security of judges,
in this context and limitations on compensation, to be within the meaning
settled case law of the Constitutional Court in the framework protected by the principle of independence
subsumed two reasons. The independence of judges is primarily conditioned
their moral integrity and professional level, but it is closely connected with their
appropriate material security. This component
principle of judicial independence was enshrined in the recommendations of the Committee of Ministers of the Council of Europe
. R. (94) 12 dated 13 October 1994 regarding the independence
efficiency and role of judges, according to which among " proper working conditions "
judges also include" ensuring that the status and remuneration of judges
with the dignity of their profession and burden "(principle III
point 1b). A similar maxim is found in Art. 6.1 of the European Charter on the Statute
judges, adopted by the participants of the multilateral meeting
organized by the Council of Europe on July 8 to 10, 1998, under which
professional judges are entitled to a salary whose amount should be set so that
to protect them from facing pressure to influence their decisions and
generally modify their behavior when finding the law that would
could be compromised their independence and impartiality. In this context
Constitutional Court has repeatedly points out (see Judgment. Nos. Pl.
US 12/10) that "reducing public deficits have already been participating
professional group, in which the
law significantly reduced the possibility of achieving revenue other than salary. " The reason for the second
downshift prohibition of arbitrary interference in the material security of judges
(salary restrictions) within the framework of the principle of judicial independence is
exclude the possibility of pressure by the legislative power, respectively.
executive on judicial decision-making. In other words, eliminate arbitrary interference in the material security of judges
as a possible form of "penalization" of judges
by the legislative and executive, and thus also forms of pressure on their
decisions.

In its judgment. Nos. Pl. US 13/08, the Constitutional Court stated the proposition that
also represents a key aspect of assessing the constitutionality of the contested provision
law on salary: "Step legislature, which (it) was not to suspend
growth rate of judges' salaries, but for even a partial withdrawal
already achieved their level of material security, would hardly
Constitutional court could in terms of the principles of a democratic legal state
approve of. this is especially true if it were shown that such a fundamentally
inadmissible restriction affects only or main income ratios
judges, and not while revenue other servants' of the state. "

Evolution of opinions on the issue of guarantees of judicial independence
run parallel to and at the level of the European institutions.
Committee of Ministers of the Council of Europe Recommendation CM / Rec (2010) 12 dated 17 November 2010
judges affirmed the requirement, under which the remuneration of judges must
express their roles and responsibilities and be a sufficient barrier against

Incentives aimed to influence their decisions while under warranty
achieve this purpose is considered a condition in which - among other things - are
board of judges in a reasonable relation to the former salary and which is given by the existence
special legal provisions preventing the reduction of salary
judges (Art. 54).

The explanatory memorandum to the draft contested Act indicates
legislature originally set wage base determination mechanism
representatives of state power as "unrealistic" and by requiring judges
terms of the principle of independence "evolutionary method to remedy" the aim | || the statutory amendment is "in regard to the necessary austerity measures
public spending to find a solution that would allow
cut the salaries of representatives of all three branches of state power, which are
paid from the state budget, but did not contradict
principles of proportionality adjustment of the salaries of the judges, who enjoy increased
constitutional protection. " The entire complex changes in the proportions of material security
judges in relation to public administration employees are then in the explanatory memorandum
labeled as "mitigation unjustified disparities in the level of salaries and
achieve proportionality in the use of funds for salaries from the same
sources, ie from the state budget. In any regard, we can not
proposed solution is regarded as a restriction dignity of judges nor as
expression of constitutionally unacceptable pressure by the legislative and executive branches on
judicial power, because judges' salaries will be even after the
measures proposed high standard and the proposed measure at a much higher rate
touches and representatives of legislative and executive power. " On the sidelines
reasons for the adoption of § 3b par. 2 Act on salary then
explanatory report states that it is "unlike leaders of the judges returned
salary basis about the level of 2007-2009."

In connection with the complex changes embodied in the Act no. 236/1995 Coll.
Amendment made by Act no. 425/2010 Coll. the subject of the proceedings
control standards is to assess the constitutionality of the reduction of judges' salaries
covered by the provisions of § 3 para. 3 and § 3b paragraph. 2 previous
reducing the wage base.

In relation to the provisions of § 3 para. 3 and § 3b par. 2 Act at a salary
Constitutional Court firstly recalls that voucher explanatory report on the evaluation
European Commission's report on the Czech Republic in 2000, in which
was stated that "judges' salaries are relatively high," whereas in other
areas, eg. in terms of police and administrative structures were
pointed to the low level of salaries, can only be considered inapposite, | || session as base salary and average salary and the salary of judges
base and the average salary in the public sector - according to data petitioner
which does not disputed by the parties - imagining how
Constitutional court already stated in its judgment . Nos. Pl. US 16/11, in 1999
value of 3.7 in 2011, has value only 2.34.
Judge with years of experience receives only about 2/3 of their salary better honorovaných
senior government officials and did not reach their average income.
In 2003, the salary of a judge referred to CZK 47,000 and the average salary
Director of the central authority CZK 50,187 in 2009
this difference opened to 57 400 CZK (judge) and 66,734 CZK (Director
department).

In its judgment. Nos. Pl. US 11/02, the Constitutional Court on the edge of that trend
stated that "the salary of judges, in a broad sense to be stable
nesnižovatelnou quantity, not moving factor which calculates
this or another government, for example, therefore, that it
judges' salaries seem too high in comparison with the salaries of civil servants or
compared with another professional group. " Leaving any rational
relations between the level of judges' salaries and the level of salaries in the public sector in the regulation of the law on salary
reflected in its absurd consequences and against
salaries of judges of the Constitutional Court, whereby the Presidents of Chambers
supreme courts and presidents of colleges these courts have a higher salary than
Constitutional court judges (in 2011 by 0.8% resp. 4.9%, from 2012 to 2014
6.2%, respectively. 10 4%).

Constitutional Court on the edge of § 3 par. 3 and § 3b paragraph. 2 of the salary
no choice but to repeat the statement, which spoke in judgment
sp. Nos. Pl. ÚS 12/10: "Judicial salaries and wages, unlike other

, The servants of the state 'after a long period with the following intended
perspective subject only to restrictions. Measures in relation to them
is then no longer appears as an exceptional and proportional, but as a targeted process
pointing to the judicial salaries returned to lower levels, and therefore
to take this opportunity to remove from the viewpoint the legislative and executive
done in the past, error 'when setting the rules for calculating
judges' salaries in the mid-90s of the 20th century. Such leveling
then in its consequences inevitably leads also to the descent of the judiciary
within the middle social strata, its revenue
degradation in relation to other legal professions and the need umenšování
social prestige. "In fact, this is nothing
assertion does not alter the submitter of the Act, under which provisions contained in § 3b par. 2 Act on judges' salaries
returns the salary base "about" at the 2007 level until 2009.
contrary, the restrictions contained in the reduction coefficient for
base salary determine the value of three times to 2.5 times the average nominal monthly wage
individuals in the public sector (§ 3 para. 3 of the Act
on salaries, as amended by Act no. 425/2010 Coll.) constitutes disproportionate and
only against judges focused intervention does not meet those conditions to the acceptance of restrictions
salaries of judges, the Constitutional court has set in already outlined the case law
.

reduction of judges' salaries is paradoxically accompanied by conflicting facts :
on one side the legislature to justify the necessity of saving
public finances and reducing disproportionality in relation to the salaries of employees
public administration, on the other hand, has long been accompanied by increasing
public administration salaries (multiplied by affiliated with the provision
extraordinary bonuses and contractual salaries), respectively. their nesnižováním.

Although the Constitutional Court before the adoption of the Act clearly
formulated the maxim under which the principle of equality in the area of ​​limiting
remuneration of civil servants of constitutional officials and judges can
given precedence over the principle of comprehensively understood judicial independence under | || quite exceptional circumstances, and thereby define the scope of constitutional conformity
compensation as regards judges, however, the legislature this maxim
in the process of adoption of Act no. 425/2010 Coll. mastermind. Under the above circumstances
not accept the thesis of the necessary savings in public expenditure through restrictions
judges' salaries, while the assessed statutory regulation
lacking any argument "exceptional circumstances" that would justify
priority to the principle of equality of restrictions
the remuneration of civil servants of constitutional officials and judges over
principle of comprehensively understood judicial independence.

For form of income restrictions on judges within the meaning of the constitutional principle of equality
, guarantee the independence and dignity of the position of judges, as well
recommendations of the Committee of Ministers of the Council of Europe CM / Rec (2010) 12 can be considered even more moments
.

The provisions of § 157 to § 163 of the Act no. 361/2003 Coll., On the service relationship
members of security forces, as amended,
(although, according to § 1 para. 1 op. Law security force was
mean the Czech Republic Police, Fire Brigade of the Czech Republic, the Customs Administration
Czech Republic, the Prison service of the Czech Republic,
Security Intelligence service and the Office for foreign Relations and information) and § 131
up 137 of Law no. 221/1999 Coll., on professional soldiers,
amended, enshrining Institute výsluhového contribution.
The provisions of § 110 point. b) and § 112-121 of the Act no. 218/2002 Coll., on
service of state employees in administrative authorities and remuneration of these
employees and other employees in administrative offices (
Business Act), as amended by Act no. 445/2011 Coll., effective on 1 January 2015
(§ 254 of the Act) provides that state employees belong
social security, which includes the contribution of seniority
years of service to retire.

Ordinary court judges and judges of the Constitutional Court (and similarly
state representatives) and remain the only "servants" of the state to whom such
compensation, as well as social recognition for performance lacking.
This deficit Law no. 6/2002 Coll., On Courts, Judges, Lay and
state administration of courts and amending certain other laws (Act on Courts

And Judges), as amended, Act no. 182/1993 Coll., On
Constitutional Court, as amended, and Act no.
283/1993 Coll., On public prosecution , as amended,
is a non-accessory inequality in relation to judges in the general
courts and judges of the Constitutional court from the viewpoint of the recommendations of the Committee of Ministers of the Council of Europe
CM / Rec (2010) 12 and the restriction of one of the guarantees | || judicial independence (according to which the board of judges have to be reasonable in relation to the earlier
salary). This disproportion has its national counterpart in
disproportion international (eg. In relation to the status of judges of constitutional courts
Czech Republic comparable with Central European countries
Poland and Slovakia - see § 16a of the Act of the National Council of the Slovak Republic
no. 38/1993 Coll., on the organization of the Constitutional Court of the Slovak Republic
about the proceedings before it and the status of its judges, respectively. the Article 6
ustawy of Trybunał Konstytucyjnym the first 8th 1997 Dziennik Ustaw Nr 102 ,
pos. 643, from 2000 r. Nr 48, pos. 552 and Nr 53, pos. 638, from 2001 r. Nr 98
pos. 1070 from 2005 r. Nr 169, poz. 1417 oraz from 2009 r. Nr 56, pos. 459).

Based on these reasons, it is necessary to consider the salary
restriction on judges contained in § 3 par. 3 and § 3b paragraph.
2 of the Act no. 236/1995 Coll., As amended by Act no. 425/2010 Coll., in conflict with Article
. 1. 1 in conjunction with Art. 82 para. 1 of the Constitution, therefore
plenum of the Constitutional court decided on derogation of the statutory provisions
as stated in the judgment rendered.

Due to the immediate consideration and decision in this matter
Constitutional Court decision on the urgency of the matter under § 39 of Act No.
. 182/1993 Coll., As amended, void.

Chairman of the Constitutional Court:

JUDr. own hand