In The Case Of A Proposal To Repeal Some Of The Provisions. Act No. 425/2010 Sb.

Original Language Title: ve věci návrhu na zrušení některých ust. zákona č. 425/2010 Sb.

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=74863&nr=267~2F2011~20Sb.&ft=txt

267/2011 Sb.



FIND



The Constitutional Court



On behalf of the Republic of



The Constitutional Court ruled under SP. zn. PL. ÚS 16/11 on March 2. August 2011 at the plenary

in the composition of Stanislav Duchoň, Franz Package, Vlasta Formankova, Turgut

Güttler, Pavel Holländer, Ivana Janů, Vladimir Crust, Dagmar

Lastovecká, Jan Musil, Jiří Nykodým, Pavel Rychetský, Miloslav Výborný,

Elisabeth Wagner and Michael April about the design of the municipal court in Brno

cancellation:



(I).



1. the provisions of point 2 of the article. Also part of the first Act No. 425/2010 Coll.

the amended Act No. 237/1995 Coll., on salary and other terms of

associated with the performance of the functions of the representatives of State power and some

State authorities and judges and members of the European Parliament, as amended by

amended, and Act No. 201/1997 Coll., on salary and some

other elements of the prosecutors and amending and supplementing Act No.

143/1992 Coll., on salary and remuneration for work stand-by in budgetary and

in certain other organisations and bodies, as amended

the regulations, as amended, with respect to the judges of the district,

regional and high courts, the Supreme Court and the Supreme Administrative

the Court in eventum, and with regard to the judges of the Constitutional Court



2. the provisions of point 3 of the article. Also part of the first Act No. 425/2010 Coll.

the amended Act No. 237/1995 Coll., on salary and other terms of

associated with the performance of the functions of the representatives of State power and some

State authorities and judges and members of the European Parliament, as amended by

amended, and Act No. 201/1997 Coll., on salary and some

other elements of the prosecutors and amending and supplementing Act No.

143/1992 Coll., on salary and remuneration for work stand-by in budgetary and

in certain other organisations and bodies, as amended

the regulations, as amended, regulates the salary if the

the base of the judges between 2011 and 2014 (Article 3b, paragraph 1 and 2), and in eventum

If the salary base adjusts the judges of the Constitutional Court in 2011

up to 2014 (section 3a);



II. in eventum



1. the provisions of section 3 (2). 3 of Act No. 237/1995 Coll., on salary and other

formalities associated with the exercise of the functions of the representatives of State power and

some State authorities and judges and members of the European Parliament, in

amended by Act No. 309/2002 Coll. and Act No. 425/2010 Coll., concerning

the judges of district, regional and high courts, the Supreme Court and

The Supreme Administrative Court, in eventum, and with regard to the judges of the constitutional

the Court,



2. the provisions of § 3b of the paragraph. 1 and 2 of Act No. 237/1995 Coll., on salary and

other elements linked to the exercise of the functions of the representatives of the State

power and some State authorities and judges and members of the European

Parliament, as amended by Act No. 425/2010 Coll.,



in eventum:



3. the provisions of § 3a of Act No. 237/1995 Coll., on salary and other

formalities associated with the exercise of the functions of the representatives of State power and

some State authorities and judges and members of the European Parliament, in

amended by Act No. 425/2010 Coll., concerning judges of the Constitutional Court



as follows:



I. the provisions of § 3b of the paragraph. 1 of law no 236/1995 Coll., on salary and other

formalities associated with the exercise of the functions of the representatives of State power and

some State authorities and judges and members of the European Parliament, in

amended by Act No. 425/2010 Coll., shall be repealed on the date of publication of this award

in the collection of laws.



II. The remainder of the draft.



Justification



(I).



The definition of things and a recap of the proposal



The Constitutional Court was on 10. March 2011 served in municipal court

Brno, Czech Republic for annulment of parts of the Act No. 425/2010 Coll., amending Act No.

237/1995 Coll., on salary and other terms associated with the performance of

the functions of the representatives of State power and some State authorities and judges and

members of the European Parliament, in the wording of later regulations, and act

No 201/1997 Coll., on salary and some other elements of the State

representatives and amending and supplementing Act No. 143/1992 Coll., on salary and remuneration

for stand-by duty in budgetary and certain other

organisations and bodies, as amended by later regulations, as amended by

amended, (or parts of the Act No. 237/1995 Coll., on salary and

other elements linked to the exercise of the functions of the representatives of the State

power and some State authorities and judges and members of the European

Parliament, as amended by Act No. 425/2010 Coll.), if they contain restrictions

in the remuneration of the judges (§ 3 (3), of section 3b), together with a proposal on the priority

the decision in this matter pursuant to section 39 of the Act No. 182/1993 Coll., on the

The Constitutional Court, as amended by Act No. 48/2002 Coll., The proposal was

added by submitting the applicant sent to the Constitutional Court on 25 April. may

2011.



The appellant did so according to § 64 para. 3 of Act No. 182/1993 Coll., on the

The Constitutional Court, as amended, (hereinafter referred to as "the law of

The Constitutional Court "), then what in the context of its decision-making

activities in accordance with art. 95 para. 2 of the Constitution of the Czech Republic (hereinafter referred to as

"The Constitution") concluded that



-the provisions of § 3 para. 3 of Act No. 237/1995 Coll., on salary and other

formalities associated with the exercise of the functions of the representatives of State power and

some State authorities and judges and members of the European Parliament, in

amended by Act No. 309/2002 Coll. and Act No. 425/2010 Coll., concerning

the judges of district, regional and high courts, the Supreme Court and

The Supreme Administrative Court, in eventum and refers to the judges of the constitutional

the Court further



-the provisions of § 3b of the paragraph. 1 and 2 of Act No. 237/1995 Coll., on salary and other

formalities associated with the exercise of the functions of the representatives of State power and

some State authorities and judges and members of the European Parliament, in

amended by Act No. 425/2010 Coll.,



-in paragraph 3a of the eventum Act No. 237/1995 Coll., on salary and other

formalities associated with the exercise of the functions of the representatives of State power and

some State authorities and judges and members of the European Parliament, in

amended by Act No. 425/2010 Coll., concerning judges of the Constitutional Court

to be in solving things SP. zn. 35 C 35/2007, are used in

contrary to the article. 1 (1). 1 in conjunction with article. 81 and article. paragraph 82. 1 of the Constitution,

eventually. (I) article. 83 of the Constitution, with art. 2 (2). 1 of the Constitution, with art. 1 of the Charter

fundamental rights and freedoms ("the Charter") and article 6(2). 1 Additional

Protocol to the Convention on the protection of human rights and fundamental freedoms (hereinafter referred to

also "the Protocol").



In that case, SP. zn. 35 C 35/2011 is the municipal court in Brno, Czech Republic

decided on the action, which the District Court judge Brno-venkov

claims against the Czech Republic-Brno-venkov District Court payment

the amount of 21 500 CZK. This is the difference between the claim of the plaintiff on the salary within the meaning of §

28 to 31 of Act No. 237/1995 Coll., on salary and other terms of

associated with the performance of the functions of the representatives of State power and some

State authorities and judges and members of the European Parliament, as amended by

amended, (hereinafter referred to as ' law no 236/1995 Sb. "

"the law of salary" or "salary Act") in relation to the multi-purpose flat

reimbursement of expenses (hereinafter referred to as "reimbursement of expenses") within the meaning of § 32 para. 1 (b).

and Act No 236)/1995 Coll., for January 2011, and between the

paid salary and replacement expenditure reduced with effect from 1. January

2011 by Act No. 425/2010 Coll., amending Act No. 237/1995 Coll., on

salary and other terms associated with the performance of the functions of the representatives

the State and some State authorities and judges and members of the European

Parliament, in wording of later regulations, and Act No. 201/1997 Coll., on

salary and some other elements of the prosecutors and amending and

supplementing Act No. 143/1992 Coll., on salary and remuneration for work

stand-by in budgetary and certain other organizations and

the institutions, in the wording of later regulations, as amended.



Its locus standi appellant relies on finding, according to which the

in addressing the matter must apply to § 3b of the paragraph. 1 of the law on salary,

as amended by Act No. 425/2010 Coll., determining the salary base for the year

2011. For the assessment of the claim (the applicant requests the difference on the

salary and compensation expenditure, which was partly due to the establishment of an ad hoc

base on the year 2011, partly as a result of a reduction in the salary base

in General) should be according to apply also to § 3 (2). 3 of the law on salary,

as amended by Act No. 425/2010 Coll., specifying 1. January 2011 way

the determination of the salary base. For such an interpretation of article 6(2) shall be deemed unsustainable.

95 para. 2 of the Constitution, which would separate the assessment of the constitutionality of §

3B of the paragraph. 1 of the law on salary (restrictions on year 2011) from editing, in which

as a result of a reduction in the salary base and the session, the average wage in

non-business sphere (i.e. the adjustments contained in section 3, paragraph 3, of the law on

salary), and which would ultimately lead to the need for repeated design

by the Court in the same legal case. Moreover, according to his beliefs has

to fulfill the intention of the promoter of the law, which change the provisions of § 3 para.

3 conceived as "the fuse before the intervention of the Constitutional Court", as stated in the

the explanatory memorandum to the press 133 (Government Bill, annex 3).

Points out also that the determination of the salary base for the years


2012-2014 (freezing the wage base) is so intrinsically linked (in the form of

and content) with the arguments led to the relationship to the wage base for the year 2011

and section 3, paragraph 3. 3 of the law on salary, that lacks the procedural logic to separate this

provisions (Article 3b, paragraph 2, of the Basic Law) from those the use of which is in

the present case undoubtedly more straightforward. To fulfill the terms of the active

the evidence refers then to the legal opinion of the Constitutional Court contained in

the findings, SP. zn. PL. ÚS 33/09 dated March 29. 9.2010 (332/2010 Sb.) and Pl.

TC 13/08 on 2 December. 3.2010 (104/2010 Sb.). According to the appellant's cannot be

imagine the existence of § 3b of the paragraph. 2 of the law on salary (that is, the determination of the salary

base in the years 2012-2014) after the Constitutional Court found this

the proposal reason in relation to § 3b of the paragraph. 1 and § 3 (1). 3 of the law on salary.

Moreover, the rapporteur is convinced that his locus standi turns out even on the

consequences that challenged the amendment of the basic law for the concept of

vertical and horizontal relations, constitutional factors (in relation

among the components of State power, but also in the hierarchy of relationships within the

the individual components of State power) and, since the Constitutional Court as a Court of

constitutionality of the protection authority, be incorporated in the title of the fourth Constitution governing power

the Court, acting in its activity in a clear hierarchy of relationships as well as in the

relation to the general courts of law, in the context of this proposal from the city

Court in Brno, in the broader sense its range to assess the constitutionality of the intervention and

the legislature in the remuneration of the judges of the Constitutional Court.



With reference to the Constitutional Court, SP. zn. PL. ÚS 12/10 of 7 April. 9.

2010 (269/2010 Sb.) in its proposal, the municipal court in Brno, argues that the defect

the legislative process that consists in the fact that amendments to the law

No. 237/1995 Coll., approved by both houses of Parliament and well-known under the No.

425/2010 Coll., the judiciary was not discussed, the judicial power not

no opportunity during the preparation of the Government's decision to present its

arguments and defend your position, so the judges were to get worse

position than any staff in the public sector, with the

representatives of the Government in the last year on the issues of salaries, negotiated for the long term,

worse position than other groups of workers dissatisfied with the level of

remuneration, with whom he has negotiated in this year. Minister of labour and

Social Affairs submitted to the question design in August 2010

(under no. 2010/58228-52), which in no way he would not intervene in § 3

paragraph. 3 of the law on salary (the way of setting the salary base) and restriction

limited to one year, and this year in particular the amount of the salary 2011 base

51 844 CZK. However, the Government of the day 6. October 2010 approved by the resolution No. 720

proposal for a completely different, that no discussion has not undergone it

the explanatory memorandum to the Government a draft law (133)

reduce the salary base and the session above wages in non-business sphere of

three times to 2 times, in addition to reducing the salary base ad

fixed amount for hoc 2011 and another ad hoc fixed amount

for the years 2012-2014. The finding in the explanatory memorandum that the proposal "responds to the

the results sent... ", your rapporteur considers entirely

misleading, because the opinions of the applied (but to a different design)

for example, the Supreme Administrative Court or the Judicial Union United

the Republic does not respond in any way. According to the municipal court in Brno was this

the procedure violated the provisions of § 86 para. 3 of law No. 90/1995 Coll., on

rules of procedure of the Chamber of Deputies, as amended by Act No. 283/2004 Coll.

as part of the draft law No 425/2010 Coll. was explanatory memorandum,

that did not include the opinion of the Court, as required by the relevant

The Constitutional Court in accordance with point 25 of the award SP. zn. PL. ÚS 12/10, while according to the

his belief this defect shall take the constitutional dimension of having regard to the

the principle of the Division of State power (article 2, paragraph 1, of the Constitution). The claim

the appellant also relies on comparative analysis, in particular on the decision of the

The Constitutional Court of the Republic of Latvia of 18 May. January 2010, SP. zn. 2009

11-01 and the decision of the Supreme Court of Canada in the matter of the Reference re

Remuneration of Judges of the Provincial Court (P. E. L), [1997] 3 S.C.R.

3. Both of these decisions of the conclusion, according to which, in order to avoid

the possibility of political influence on the judiciary must be in the process of any

the salary of the judges involved an independent authority whose representation, while

is not binding without the expression of such an authority, however, any change in

his salary as unconstitutional.



Justification for the unconstitutionality of the contested legal provisions of substantive law

depends on the projector from the recap, on the issue of relevance is

related to the case law of the Constitutional Court. In its view, this

the following basic propositions:-the assessment of the constitutionality of the pay restrictions

against the judges for a specific period of a particular year falls within the framework of the

It defined the principle of judicial independence [Constitutional Court sp.

Zn. PL. ÚS 55/05 of 16 February. 1.2007 (N 9/44 SbNU 103; 65/2007 Coll.), paragraph

49];



-constitutional status of judges on the one hand, and representatives of the can

the legislative and the Executive, in particular public administration, on the other hand

due to the principle of the separation of powers and the principle of the independence of judges, distinguished

which implies a different disposition as well as space for the legislature to pay

the restrictions against judges compared to the layout area to such

restrictions in other areas of the public sphere [Constitutional Court sp.

Zn. PL. ÚS 55/05 (paragraph 49)];



-intervention in the material security of judges guaranteed by law shall not

be an expression of the arbitrariness of the legislature, but must be based on the principle of

of proportionality, is justified by exceptional circumstances, for example. oppressive

financial situation of the State, and even in this condition must be

take into account the difference in the function of the judiciary and representatives of the governance and

the Executive, in particular public administration; such intervention may not give a reason for

concerns about whether the restrictions on does not affect the dignity of judges, for example. If it is not

the expression of constitutionally unacceptable pressure of legislative and executive power on the

the power of the Court [finds the Constitutional Court SP. zn. PL. ÚS 55/05 (paragraph 49)];



-the principle of an independent judiciary is one of the essential requirements

democratic rule of law within the meaning of article 87(1). 9. 2 of the Constitution [find

The Constitutional Court, SP. zn. PL. ÚS 55/05 (paragraph 50)];



-arbitrary intervention in the field of material ensuring of judges,

in the framework of the salary restrictions and must be protected in the framework of the principle of

their independence, for their part, for two reasons. The independence of judges is in

first of all conditioned by their moral integrity and professional levels,

at the same time but is associated with their appropriate material.

The second reason downshift the prohibition of unfair interference with the material

ensure the judges (of the salary restrictions) within the framework of the principle of their

the independence is to exclude the possibility, the possibility of coercion Act,

or executive decisions of the judges, in other words, exclude arbitrary

alterations to the material to ensure the judges as the eventual form of the

"penalty" of judges by the legislation and executive branch, and thus forms

coercion in their decision making [the Constitutional Court finding SP. zn. Pl. ÚS

43/04 of 14 July 2004. 7.2005 (N 144/38 SbNU 59; 354/2005 Coll.)];



-remuneration of judges in a broad sense to be stable

nesnižovatelnou, not the moving factor, which calculates

This or that government groups eg. because he seem to salaries of judges

too high in comparison with the salaries of civil servants or in comparison

with another professional group. The pursuit of such equality to stray from the

constitutionality of the category, it is a policy objective that does not have a foothold in the constitutionally

understood the principle of equality [Constitutional Court, SP. zn. PL. ÚS 11/02

of 11 December 1997. 6.2003 (N 87/30 SbNU 309; 198/2003 Coll.)];



-for the pay restriction measures must be considered, when the judge is

withdrawn or reduced such remuneration, without this withdrawal or

the reduction was offset by increases in other components of remuneration entitlement [find

The Constitutional Court, SP. zn. PL. ÚS 55/05 (paragraph 55)];



-for another form of salary restraint should be understood as the freezing

the law envisaged income growth of judges or other constitutional

agents, with for example. "permanent" salary freeze would be the Constitutional Court

no doubt judge as step constitutionally illegal. Remuneration

judges in the broad sense to be stable, nesnižovatelnou

unless there are exceptional, the exceptional circumstances of the State [find

The Constitutional Court, SP. zn. PL. ÚS 13/08 (paragraph 41), similarly find SP. zn.

PL. ÚS 55/05 (paragraph 55)];



-as a significant element of the guarantee of an adequate material security of judges of the

the perspective of the principle of the Division of State power on the power of the legislative, Executive and

the Court and request their mutual balance should be understood as

direct link between the pay of the leaders of the legislature and executive power

the one hand, and the salary of the judges on the other. The construction of the law on salary

representatives of State power, which with the help of a single pay base and

the law laid down the coefficient warrants that, along with an increase in salary

representatives of legislative and executive power is in the same proportion

automatically increase the salaries of judges, and so represents a significant, in the legal


the order of the built-in fuse that the ratio in the material security

representatives of individual power will be maintained in the future [find

The Constitutional Court, SP. zn. PL. ÚS 55/05 (paragraph 59)].



The applicant points out that the Constitutional Court remained, and theses

in its recent case-law [see findings SP. zn. PL. ÚS 12/10 (above) and

PL. ÚS 22/09 dated May 7. 9.2010 (309/2010 Sb.), paragraph 40].



In favour of the conclusion on the unconstitutionality of the contested statutory provisions

The municipal court in Brno, refers on a number of international documents. In the first

a number of points to the recommendations of the Committee of Ministers of the Council of Europe of 17 September.

November 2010 the judges CM/Rec (2010) 12 (annex No. 5)

[http://www.coe.int], which replaced the earlier recommendations of the Ree (94) 12. From

articles 53 to 55, relating to the remuneration of the judges, it follows that:



-the basic rules for the remuneration of the judges shall be laid down by law,



-the remuneration of the judges must express their role and responsibility and to be on the

sufficient level,



-in the time of sickness and maternity benefits should be ensured through maintaining a reasonable amount of

their rewards,



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



-There should be a special legal provision to prevent the reduction of

the salary of the judges.



Of other international documents, the applicant draws attention to the report of the

The European Commission for democracy through law (Venice Commission),

accepted on 12. up 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 remuneration of judges must correspond with

the dignity of their profession and that an adequate evaluation is necessary

a prerequisite for the protection of judges against adverse external influences. [...]

The amount of the assessment should be established with regard to the social consequences of

the country and compared to the rate of assessment of senior officials. " Finally, in the context of the

comparative analysis and conclusions of the Advisory Committee argues the judges within the

the activities of the Council of Europe, the Conseil consultatif de juges européens (CCJE), from

2001 [opinion No. 1 (Avis No 1)], in which (paragraphs 61 and 62 no)

stressed the need for such legal provisions which will prevent

reduction of the salary of judges and to ensure de facto increasing salaries,

in order to maintain their value in relation to the cost of living

(http://wcd.coe.int/).



In another part of its proposal, the municipal court in Brno, recapping developments

the legal regulation of material security of judges, and in particular the development of

its intention, as well as a change in relation to the session material

security staff in the public administration. Material security

judges pay and replacement expenditure, all-in-one was enshrined in a 2.

the mid-1990s. years in the law on salary and the salary of the judge was designed

as a product of the salary base and the coefficient expressing his business

classification, compensation expense was determined a percentage of base pay in the amount of

5.5%. The base salary was derived from the highest official of the plan

the Ministry as a double. The appellant emphasized the fact that the

principle, this adjustment was conducted, and that came when discussing

This concept of remuneration of judges was mj. the principle of the immutability of the grade

relationships between the features and the principle of equal and automatic

salary increases and other requirements of the State functionaries and State circuit

employees; at the same time was torn by the assumption that the "once and for all

it becomes unnecessary to frequently demeaning and politically exploitable salary negotiations in the

The Parliament "(stenozáznam 34. meetings of the Parliament of the Czech Republic,

The House of Commons 1993-1996, part 6/32-Annex # 9). In 2002

[Act No. 309/2002 Coll., amending the laws relating to the adoption of the law

about the service of civil servants in administrative offices and on the remuneration of

These employees and other employees in administrative zxadech

(business law). the accompanying law on the draft law,

the Government's proposal has been submitted to the Chamber of Deputies as a print 794-Appendix.

10] was the construction of the salary base changed (with effect from 1 January

2004) so that they form three times the average salary of a natural person in the

non-business sphere for the year before last, according to published data

The Czech Statistical Office (section 3, paragraph 3, of the law on salary). The applicant to the

This amendment states that the result was a decrease in the salary of a judge in a session

relation to the salary in the public sphere, and according to him, the reasons that led to the

a dramatic reduction in the salary of judges and employees of the session in the public sphere

(from the original session to approx. 4.3 to 3.0) have never been convincingly made and

Parliament has effectively at all. Print 794 in the explanatory memorandum

to the article. XXXV argued that the binding of the salary of employees of ministries and

the salary base constitutional factors led to differences in increments

salary, and-in particular-pointed out the proposed business law

that should significantly strengthen the conditions of service in the State administration and

lead to a "corresponding to the notional appreciation of officials". While maintaining the

the existing method of the determination of the salary base salaries would be constitutional

agents automatically increased, "without changing the conditions for the exercise of

of their functions ". Therefore, the change has been proposed, "to create a stable

the link between the salaries of constitutional agents and wage developments in the non-business

sphere. In relation to the possibilities of differentiation in pay ... it is possible to

be considered as a reasonable salary base to the session the average wage in the

non-business sphere of three times. ". Municipal Court but to do

notes that a basic prerequisite for the reduction of the salary base and the

change its construction, however, was not populated: business law [law

No. 218/2002 Coll., on the service of civil servants in administrative authorities and

the remuneration of these staff, and other employees in administrative

offices (business law)] still has not acquired efficiency and officials of the State

management obligations are maintained in terms of the labour code. To

However, the wage base above a re-evaluation. The salary design

three times the average salary as a base of individuals

non-business sphere for the year before last (that is, with the two-year time

the glide) was the plaintiff, although a substantial intervention according to the level of

the salary of the judges, but in the situation after the great floods of 2002 could

appear to be acceptable for future development by the intervention of the remuneration of judges.

The change coincided with the transition to the 16třídní system of the remuneration of officials,

where the highest rates have increased between 2002 and 2004 from 18 570 CZK 27

700 CZK (Decree-Law No. 330/2003 Coll., on salaries

of employees in public services and Administration), and the preservation of the original

the system of determining the salary base would lead to its corresponding

growth, which, as the rapporteur States, the Executive power did not want to accept.

Therefore, according to him, were the salaries of judges, since 2002, left on the same

level, to pay base decreased, with the necessary

considers it significant that in the explanatory memorandum to the press this 133

restriction called "evolutionary method to redress the salary set incorrectly

the base ".



The applicant shall submit arguments in favor of the claim of watering

judicial salaries in comparison with the level of salaries in the public sphere.

Recapping the intention in this context and the content of law No 427/2003 Coll.

fixing for the year 2004 an extraordinary measure in determining the amount

salary and certain compensation expenses related to the performance of functions

representatives of State power and some government agencies, members of the

The European Parliament, judges and prosecutors, the amount of the additional salary

These people in the first half of 2004, and amending certain

related acts, in the wording of later regulations, and Act No. 261/2007

Coll. on the public budget stabilization, as amended,

to prevent the salary base to enshrine a determining the amount of salary of the judges

for the years 2002 to 2004 and 2008 up to 2010. According to his belief, the whole

a decade after the year 2000 (the period before this year not to mention) in relation to the

the material security of judges in the sign of the restrictions under the

' public finance reform "or" stabilization of public finances ",

with such an approach the State not to any group of employees of the State;

in this period, salaries in the public sector grew steadily, with some

groups of people were given a significant advantage (for example,

members of the armed forces have the material security

judges do not enjoy, although the nature of their activities can stand in a row

comparison and consideration of their constitutional position of such type of material

the usual security in democratic countries warrant). Appellant

Notes to the economic situation of the State, an annual increase of nazíranou

real GDP moving in the period of 2003-2007 in record values

3.6-6.8% (source: Czech Statistical Office: CZECH REPUBLIC in numbers-annex # 15) on the foreseeable

GDP growth of 2.3% in 2010, on the macroeconomic predictions of the United

(source: Ministry of finance, January 2011-Annex No. 17),

which anticipates in 2010-2012, wage growth of 2.6%, 2.9% and 4.1%, as well as on the

Releases resources from public sources, which infers the existence of


resources on the material provision of the judiciary at a level that was

set up in 2002 following devastating floods. The municipal court in Brno on

notes that the Government as a promoter of the contested act in the explanatory memorandum

report (133) said that thus determined the salary base "is

reasonably higher than in previous years (until 31 December 2006. 12.2010 frozen

Base amounted to Czk 56 847, base according to § 3 (2). 3 of the law on salary from

1.1. 2011 shall be Eur 57 747), and did not provide any analysis of the development of

salaries in the public sphere and did not substantiate in any way (in addition to assessing the costs

for the State budget associated with restoring the legal mechanism, the wage

three times the average salary of a base as in the public sphere), why

considers that such an intervention in the legal and legitimate perceived

sessions as needed and necessary. For those it considers its procedure for the

expression of arbitrariness.



Act No. 237/1995 Coll. was adopted, inter alia, in order to stabilize the situation

in the judiciary in connection with the departure of judges into the more lucrative

the legal professions. The result after 15 years is how in its proposal

evidenced by the municipal court in Brno, the fall in the wage base, and session

the average salary in the public sector from 4.38 in 1996 to 2.34 in

the year 2011, i.e.. about 46%, i.e. almost half.



In particular, the appellant emphasized the development ratio of salary of the judges and salary

senior officials. Recalls that the Government in the programme Declaration (annex

# 18) stated that "he perceives as judge as the centerpiece of all legal

profession "(for example, conditions for tightening up the appointment of judges). Salary

the judge, judge of the Court of first instance not in the very beginning

his professional career (with 8 years of experience) to be a match in a session with

salary of a higher official (how to do this, after all, the lead internationally

recognized standards); in such officer considers the Director of the Department

the central body of State Administration (or Director) in a situation where

control system of Central Government bodies is not in any way today

regulated. Judge of the District Court with eight years of experience should have in 2011

monthly salary of EUR 54 600 Eur in the year 2014 57 500 CZK. In relation to the

the average salary in the public sphere achieved in these years will go on

2.3 up to 2 times. However, he goes on salary, which after 5 years of practice will have

in 2014, the normally high school graduates (Lidové noviny published 15.

February 2011 survey result that the salary of the graduate legal

Faculty of Charles University in Prague is four to five years ' experience in the

currently an average of 43 049 Eur). According to the data of the information

the system on average earnings, which leads the Ministry of labour and social

Affairs (excerpts for the years 2003-2009), has increased the average monthly salary

Director of the central authority of State administration in the years 2003-2009 about 33

% and in 2009 was £ 66 734, with 9. decil represented 88 751

€ (This means that almost 15% of the gross salaries of the directors of the trade unions on the

central authorities was higher than the $ 88 751). This means that the judge

in the highly productive age receives approximately 2/3 of the salary-only better

honorovaných senior civil servants and is by far the

average. In 2003, the salary of the judge 47 000 CZK and the average

the salary of the Director of the central authority of State administration in the year 50 187 Eur

This difference threw open the 2009 on 57 400 Czk (judge) and 66 734 Czk

(Director of the Department).



The average salary of the Director of the central authority of State administration in the year

2009 top-cited source based (ISPV MoLSA) represents, as reported by the

the petitioner, 2 times the average salary in the public sector in the same year

(23 099 Czk), with 25% of these salaries exceeds 74 917 Eur (3.

quartile), IE. 3 times the average salary, and nearly 15% of the amount of the 88 751

CZK. 3 times the average salary. The salary of the judge of the District Court with

almost ten years of practice before 40. years of age (i.e. in the period of high

life and professional productivity) in 2011 (amounting to 54 600 Eur)

2 times the average salary (average salary: estimated amount

22 869 CZK. 1% drop in 2011 compared to 2010), in the year 2012 and

following this ratio will be approximately 2 times the average salary.

Your rapporteur considers that these differences completely unfounded. In his opinion,

the development of the relevant sessions represents a leveling that in this range

achieves a neústavního dimension. From the perspective of the comparison refers to a message

The Council of Europe issued in 2010, including dates for the year 2008 [available

the www.coe.int/(System judiciaires européens, édition 2010)], which in

table 11.11 (Appendix 8) compares the gross income of a judge at the beginning of

career with the average gross wage. According to her average in the countries of the Council session

Europe is 2.5, Czech Republic in 2008, has recorded a value of

2.1: higher values to such countries as Armenia, Bosnia-Herzegovina,

Azerbaijan, Lithuania, Latvia, Estonia, Montenegro, Romania, Russia,

Serbia, Slovakia. In many countries, the Council of Europe then the judges shall enjoy various

other types of special benefits (pensions, allowances related to the dwelling,

reduced taxes, special types of life or health insurance, cars with

the driver, representation costs or other types of benefits), with whom 5.5%

the reimbursement of representation, and literature of Czech judges compare

You cannot. According to the applicant in this regard cannot point to a lower

value of this indicator for countries with a continuous democratic development after the

II. World War because they lower the session against the average wage

undoubted jurisdiction means the judge to the middle layer.



From the perspective of constitutional law arguments of the appellant argues-starting from

outline of the development of the material security of judges after 1995-in the first

the series concerned a legitimate expectation. Based on the findings, according to

which the provisions of § 3 para. 3 of the law on salary (laying down a rule for the

the determination of the salary base as three times the average salary in the

non-business sphere for the year before last) was to act on the salary

incorporated by Act No. 312/2002 Coll., with effect from 1. 1. in 2004, it was his

included in this form, for seven years, and that as a rule, that

It replaced the original construction of the confining with the highest base salary

an official of the Ministry of fare. At the time of the adoption of Act No. 309/2002 Coll.

so all the judges (but also other constitutional officials) enjoy

legitimate expectations, that this has already reduced the level of their income is

the level of socially accepted and as part of the material

the security of belonging to the framework of judicial independence will be

provided by the. If this level after a pre-defined period of time

Joe blow, the judges had a legitimate expectation that the end of this time

will again be the recipients of salary that will guarantee the socially

the established session. The Chamber of Deputies the Government proposal submitted by her date

12.10. 2010 approved on 10. 12.2010, IE. 20 days before the expiration of the

the three-year moratorium, which reduced the session in question, 5 times-in

absolute terms, the amount of Czk 69 297 (the average salary in 2009:23

099 Czk x 3 = $ 69 297) in the amount of CZK 57 747. The Senate approved the proposal

the law in six days after 16 February. 12.2010, and President of the Republic to

He signed the day after the delivery of 17. 12.2010. The procedure of the legislature

According to the applicant, documents the concern over a possible delay in the adoption of this

the law. Interference with the legitimate expectations of it's just a few

days before the expiry of the period, after which there would be a return to the expected

sessions. The law was promulgated on 30. 12.2010, when to restore expected

There was a single day session.



Legislature, according to the municipal court in Brno by reducing the session level

the base to the average wage in the noncommercial realm of the hit the legitimate

the expectations of judges within the meaning of article 87(1). 1 of the additional protocol to the Convention on

the protection of human rights and fundamental freedoms, and that within the meaning of the case-law

The European Court of human rights [the judgment of the European Court of human

law of 22 December 1999. 6.2004, Broniowski against Poland (complaint No.

31443/96, Reports 2004-in)], and article. 1 of the Constitution (which follows the principle

legitimate expectations as part of a democratic rule of law). On

support their claims, stating the applicant and comparative argument,

referring to the decision of the Constitutional Court of the Slovak Republic (find sp.

Zn. PL. ÚS 12/05 of 28 June. 11.2007), which gave its unconstitutionality the Act

(laws), which after several years (2003-2006) suspended the effectiveness of the law,

According to which the judges belonged to the additional salary. He did so with reference to the

the principle of protection of legitimate expectations, of clarity, stability and legal certainty,

emerging from a general principle of law, which is not in accordance with

the opinion of the Constitutional Court of the Slovak Republic can talk about

"temporality" If the intervention last a few years. The proposal also refers to

the decision of the Constitutional Court of the Republic of Latvia (SP. zn. 2009-11-12 from

on 18 July 2005. 1.2010), which assessed the legal material

the judges also security aspect of the principle of protection of legitimate expectations.



Moreover, the rapporteur is convinced that this intervention was not sufficiently

justified by the public interest. According to the explanatory memorandum and stenografických

records from consideration of the Bill (the House of the press, 133 of the Senate


press 9) was the amendment to § 3 (2). 3 the law on salary incorporated as

fuse to address in advance the consequences of the operative part of the constitutional derogačního

the Court has already considered this objective-the claimant grossly inconsistent with the principle of

the democratic rule of law (to present and accept the laws as

safeguards against any interference with the Constitutional Court). The fact is, how

further notes that neither the salary base of 2 times will not be in the years

2011-2014 used as ad hoc bases will be suspended

laid down in section 3b (section 3a) of the law on salary, and in order to save:

the explanatory memorandum to the press 133 States: "you must save in all areas

financed from the State budget ". To ensure that the normative

the purpose of the constitutionally conformal, according to the applicant, must be shown to be

the operative resource matches the stated purpose, and will stand the test of

the perspective of the need (possible plurality of possible normative resources

in relation to the intended purpose and of subsidiarity in terms of restrictions

The Constitution protected values). That will be for the period 2008-2014,

i.e.. for seven years, the salary base is maintained at the level of the average

salary in the public sphere in 2005, can be predicted that in the year 2015,

will repeat the situation in 2011, when i populate 2 times will be

require "step" increase salaries; such an approach could not be a

rate other than as a permanent wage moratorium that cannot be

ranked constitutionally Conformal. According to the municipal court in Brno, restrictions,

If it is to be truly just restrictions and not a permanent intervention in the

the security of judges, must be relatively short and should, after

the reasons for which it was introduced, to fall away, leading to a return to the originally

set values. Costs denominated explanatory memorandum to law No.

425/2010 Coll., associated with a return to the salary base level

three times the average salary in the public sphere, the 814 million. CZK

all the constitutional officers, while revenue of the State budget for the year 2011

makes 1 044 billion. CZK expenditure 1 179 billion. $ 135 billion deficit. CZK. However

According to the appellant, the economic problems of the State cannot be underestimated, it is not a

the amount that the State budget would be fatally endangered. In this context,

draws attention to the practice of the Republic of Poland, where the Constitutional Court admits interventions

the salary of the judges to a situation in which the Polish Constitution prohibits in General

State (that is, debt in a situation where the public debt has exceeded 3/5

the value of annual gross domestic product-SP. zn. 12/03

The Constitutional Court of the Republic of Poland).



The appellant hit to § 3 (2). 3 of the basic law be considered contradictory

with the article. 1 (1). 1 of the Constitution in conjunction with article. paragraph 82. 1 of the Constitution, with art. 2

paragraph. 1 of the Constitution, as well as with the article. 1 of the Protocol, implying the State

the obligation to ensure the independence of the judges and materially, as a guarantee for

an impartial and fair decision-making, of which also follows the principle

protection of legitimate expectations and the right to good laws, as well as with the article. 1 of the Charter

fundamental rights and freedoms, which establishes equality of rights, as

the legislature modified the conditions of judges in order to move towards standardisation in

the result. Contradiction with article sees. 6 (1). 1 to the Convention for the protection of human

rights and fundamental freedoms, and that if the judiciary were excluded from the

process for the preparation and discussion of the contested act, as well as with the article. 89

paragraph. 2 of the Constitution, i.e.. in connection with the violation of the binding effect of the findings

Of the Constitutional Court.



Advocates also believe that in the case of a similar situation

the Constitutional Court has already judged in finding SP. zn. PL. ÚS 2/02 of 9 June.

3.2004 (N 35/32 SbNU 331; 278/2004 Coll.), and when he decided that it is appropriate to

cancel the amendment to the law, with the result of the restoration of law and order

before the institutional intervention. Considers that, in relation to the intervention in § 3 (1). 3

the basic law by Act No. 425/2010 Sb. it is necessary to speak not only about the

change the law, but the material about the move away from ad hoc generally laid down by the

clearly defined rules, the previous wording of the law. The general rule

Indeed, the wage base is not to be used until the year 2015, which is also

complicated by modifying the "insured" against the intervention of the Constitutional Court. According to the

applicant means the total exclusion of the legislation providing for binding to the

the level of salaries in the public sector to the total period of 7 years (2008-2014) and its

breaking through the ad hoc financing. How to respond

to progress the SP. zn. PL. ÚS 2/02, according to him, he has not in any way

the cause of legal uncertainty in relation to any third parties,

even in the case if the enforceability of any constitutional

the Court came to its publication in the journal of laws. An obstacle

enforceability of any finding of the Constitutional Court, in its opinion is not

even the absence of communication from the Ministry of labour and Social Affairs, on the amount of pay

base in the collection of laws as such communication should be immediately

released, and if not, you can calculate the salary base to perform

According to the data on the amount of average nominal monthly wages of individuals

non-business sphere, published the Czech Statistical Office (these

data are available by 2009). This petit according to belief

the appellant completely corresponds to the findings, and advocated a constitutional

the Court in the award of 8 June. 2.2011 SP. zn. I. ÚS 1696/09, available on

http://nalus.usoud.cz (in particular in paragraphs 36-37).



In another part of its proposal, the municipal court in Brno presented the arguments in

favour of the unconstitutionality of the contested provisions alleged § 3 para. 3

the Act on salaries. States that the legislature for determining the salary base

judges in 2011 and in the years 2012-2014 chose the method explicitly

the set amount for this purpose an ad hoc "computed" (for the year 2011 as

a 5% decrease in relation to the base year 2007 used up to 2010, i.e. from 56

$ 847 at 54 005 €, for the years 2012-2014 in the amount of Czk, which is 56 849

the amount of $ higher than it paid in the years 2007-2010). The intention by

the explanatory memorandum (133) is to reduce the salaries of the leaders of all three power

in connection with the necessary austerity in the public

budgets; This measure has to be proportionate to the necessary austerity

in other areas to be financed from public funds, for example. gender pay

restrictions on non-business sphere. For the judge was chosen

"the milder measures" than for the other constitutional factors [5% in 2011,

then freeze on the level of 2007 (+ 2)] by 2014. Furthermore, the explanatory

the report points out that, without this measure would "maintain the

inappropriate disproportion in the amount of the remuneration of representatives of the State power to

the whole non-business sphere ", and further claims that" austerity measures for

representatives of the Executive and legislative, as well as for employees

public services and administrations are significantly higher. " The Bill "is based on

from the fact that the consequences of the global economic crisis, which

affects and in the future will affect all areas of the company, are

exceptional and extraordinary circumstances that justify a State saving

and in the salaries of judges, although significantly lower than those of other representatives of the

State power and of all employees whose salaries are paid from the State

budget. ". In the explanatory memorandum also says that "the modifications proposed

together with arrangements contained in the Act No. 261/2007 Coll., on stabilisation of the

public budgets, and in Act No. 418/2009 Coll., which were the salaries of ...

First, frozen in the years 2008 and 2009 and subsequently reduced in 2009

4%, can be considered as comparable measures with proposed solutions in

remuneration policy in public administration and services ". Finally, the explanatory

the report refers to the finding of the Constitutional Court, SP. zn. PL. ÚS 18/99 of 3 February.

7.2000 (N 104/19 SbNU 3; 320/2000 Coll.), which dealt with the withdrawal of the so-called.

additional salary for II. half of the year 1997-and pointed out the evaluation

European Commission report on the Czech Republic, in which it was stated that

"the salaries of judges are relatively high", while in other areas, for example.

as regards the police and administrative structures, it was pointed out to a low

the level of salaries. This explanatory memorandum adds: "these differences were

achieved in particular as a result of incorrectly configured the way of setting

the salary base [...] the evolutionary process of the axle will take many years.

The economic situation of the State never allow to increase significantly the salaries paid by

from the State budget, therefore, the current situation, perhaps with the exception of the police

and other armed forces, from the situation in 2000, not much different. (I) for

These employees will be a significant reduction in the volume of resources to

salaries. Alleviate further the level of salaries paid by the secession of the State

the budget, therefore, you cannot refer to a standardisation effort, because even from

Preview of the European Community as to alleviate the unjustified differences in the

the level of salaries and to achieve of proportionality when spending on

salaries from the same source, namely from the State budget. " Appellant

considers that the reference to the evaluation report of the European Commission in 2000 for

nepřípadný, since the salary base and the session of the average salary of judges and

the salary base and the average salary in the public sector accounted for in

1999 the value of 3.7, in 2011, the only value of 2.34.




The rapporteur in this context attaches data on the amount of the remuneration in the public

the Administration, which has received from the judge's Union of the Czech Republic, which, in accordance

with Act No. 106/1999 Coll., on free access to information, as

amended, asked each Ministry reports salaries

the directors of the Trade Union, senior managers and Deputy Ministers. According to the following

the collected data creates an overview of the average salaries of the directors of the appellant

trade unions, senior managers and Deputy Ministers on the individual

ministries in 2010:

----------------------------------------------------------------------------------------------------------------

2010

----------------------------------------------------------------------------------------------------------------

the average salary of the number of people průměrnýplat the number of people

----------------------------------------------------------------------------------------------------------------

The Ministry of agriculture, the Ministry of labour and Social Affairs

----------------------------------------------------------------------------------------------------------------

Director of the 48 404 127 79 498 19

Senior Director, 77 939 15 122 192 5

Deputy Minister of 100 315 8 120 264 4

----------------------------------------------------------------------------------------------------------------

The Ministry of Justice, the Ministry of the environment

----------------------------------------------------------------------------------------------------------------

Director of 91 738 14 64 262 37

Senior Director of 126 964 3 86 821 1

Deputy Minister of 136 898 5 89 447 4

----------------------------------------------------------------------------------------------------------------

The Ministry of Defence Ministry of transport

----------------------------------------------------------------------------------------------------------------

Director of 60 975 33 56 492 21

Senior Director, 77 800 10 72 140 6

Deputy Minister of 86 391 7 81 924 5

----------------------------------------------------------------------------------------------------------------

Ministry of Foreign Affairs of the Ministry for regional development

----------------------------------------------------------------------------------------------------------------

Director of the 62 550 49 66 291 34

Senior Director 84 196 14 76 421 8

Deputy Minister of 100 315 7 97 655 6

----------------------------------------------------------------------------------------------------------------

The Ministry of culture of the Ministry of the Interior

----------------------------------------------------------------------------------------------------------------

Director of 60 641 23 79 741 56

Senior Director 85 194 3 197 258 2

Deputy Minister of 91 833 9 145 541 10

----------------------------------------------------------------------------------------------------------------

The Ministry of finance

----------------------------------------------------------------------------------------------------------------

Director of the 79 534 45

Director General of the 106 322 4

Deputy Minister of 100 556 11

----------------------------------------------------------------------------------------------------------------



----------------------------------------------------------------------------------------------------------------

The total of 11 ministries

----------------------------------------------------------------------------------------------------------------

the average salary of the number of people

----------------------------------------------------------------------------------------------------------------

Director of the 63 922 458

Senior Director 89 072 71

Deputy Minister of 105 479 76

a total of 72 094 605

top directors and Deputy Ministers 97 554 147

----------------------------------------------------------------------------------------------------------------



The content of the information provided the applicant observes that, in functions

the directors of the Trade Union, senior managers and Deputy Ministers is at the top

listed 11 ministries, with 605 people were employed at the Ministry of

Agriculture is in these functions, 150 people, of which 127 directors of departments

with an unusually "low" reduces the overall average salaries average salary

the directors of the Trade Union for all 11 ministries. This overall average salary

the directors of the Trade Union is represented by the amount of 458 people for approximately 64 thousand. CZK,

but without the Ministry of agriculture would amount to 70 thousand. CZK. In the functions

top directors and deputies, 11 ministries, a total of 147

people, their average salary is approaching 100. € (97.6 thous. CZK), 76

952nd diameter exceeds 100 thousand. € (105.5 thous. CZK). Can be so

assume that a salary in excess of 80 thousand. EUR reaches to 11

Ministries of about 190 people, a salary in excess of 60 thousand. EUR reaches to 11

Ministries of about 400 people. Reports provided by individual

the ministries as the claimant show that at the level of the directors

trade unions are not exceptions to the salaries of highly exceeding 100 thousand. CZK, on the

the level of the Deputy Ministers or senior Directors exceed the salaries

200 thousand individuals. CZK. From these data, concluded, according to which the

the salary of the judge of the District Court with almost ten years of experience at the level of 54 600

EUR falls short (with the exception of the Ministry of agriculture, for which, however, is not

clear about what exactly the function for the directors of the Trade Union as 127) or average

the salary of the Director of the Department on any of these ministries.



To the arguments contained in the explanatory memorandum to the contested legal

the provisions of the municipal court in Brno, points out further savings from

the long moratorium, or reduction of salary of the judges, unlike in the

times of rising salaries in the public sphere, as well as the lack of transparency

remuneration in companies with a full or partial participation

State, State funds. public institutions. Finally,

draws attention to other restrictions in the material security of judges to whom they are

subject, in particular on the further reduction of sickness from 1. 1.2011

(part of the tenth article. XVII of the Act No. 347/2010 Coll., amending certain

laws in relation to the competence of the Ministry of energy-saving measures

labour and Social Affairs), the taxation of the refund and the subjection of the multi-purpose

premiums for social security [§ 6 para. 10 of Act No. 586/1992

Coll., on income taxes, as amended by Act No. 346/2010 Coll., on the difference

from refunds, for example. According to § 6 paragraph 1. 7 (b). (c)) of the Act, which

benefits from an employee and that are not subject to tax, the increase in so-called] ceilings

on social security since 2010 for 2011 (§ 15b

Act No. 586/1992 Coll., on social security and the contribution of the

the State employment policy, as amended by Act No. 362/2009 Coll., and

Act No. 347/2010 Sb.), as well as the fact that the judge has the highest

the range of constraints in the personal lives of all the státněslužebních work

relations, including a ban on replace the shortfall other business activities

(that was the fulfillment of the merits of the disciplinary offence, for which the

threatened with removal from Office of judges disciplinary court verdict).



The applicant concludes, according to which the reduction is related to the

the wage base, which the judge legitimately to 1. 1.2011 expected, then

This is a decrease of 22%, i.e. by an unprecedented intervention into the level of salary

each individual judge, with a 5% reduction of the base in 2011

It was not set in the session or to the "newly" laid down by the base in the amount of

2 times the average wage in the noncommercial realm: If this

base in 2011 should be $ 57 747, then the reduction for the year 2011

amounts to 6.5%. The profession of judge lost by the conviction of the applicant in its

exclusivity, which at least to a certain extent it was possible to talk after a year

1996, not to mention the exclusivity that you should enjoy, in order to become the

in the keynote Government stated "the highlight of the legal

profession ", and it is very likely that these interventions will lead to the departure of the

good lawyers from justice to the far more lucrative fields of private

(a lawyer, a notary, a bailiff). Implications for the social prestige and

nationality of the judge. middle-class social group, which is

undoubtedly correlates with social tradition of Central Europe, are obvious

and will be irreversible, with the judges so general re‑examination of the exclusive and

Elite status, which have a common law countries including judges

the level of remuneration. The municipal court in Brno, and in this context refers

the finding of the Constitutional Court SP. zn. PL. ÚS 12/10, by which the "levelling

in effect, leads inevitably to the descent of the judiciary within the


middle-class social stratum, his income in relation to degradation

the other legal professions and to reduce its required social

prestige ".



The contested provisions of § 3b of the law on salary then considers the applicant for

conflicting with the principle of the universality of the law, which stems from the principle of

the rule of law pursuant to art. 1 (1). 1 of the Constitution, since it does not meet the kautely, which

in its case law, the Constitutional Court had set for the adoption of laws

governing the unique cases [findings SP. zn. PL. ÚS 55/2000

18.4. 2001 (N 62/22 SbNU 55; 241/2001 Coll.) and PL. ÚS 29/09 dated March 3.

11.2009 (N 233/55 SbNU 197; 387/2009 Sb.)]. The legislature, in enacting section

3B of the law on salary of specific, absolute value, expressed in numbers

the base pay of judges according to the municipal court in Brno, the material created

individual legal Act (the addressees are specifically identifiable,

the amount of their salary, also for time-bounded by a period of 4 years). It comes

on the situation, that he wanted to prevent the salary Act explicitly. the situation,

that the legislature should be ad hoc each year according to the current policy

moods determine how will reward the judge. In the present case, it is according to the applicant

clear that the Government has submitted a proposal that the scope of the electoral konvenuje

period. If this method becomes aprobována, they become judges hostage

of the Government group, holding the necessary majority in the

Parliament. At the same time claim that for employees in the public sphere in any

the scope was not adopted ad hoc salary reduction measures each

employees pay a fixed amount to the pre-determined four-year

the period therefore cannot find any rational argument why just for

salaries of judges is to be given a different legal regime. Intention to conserve

the resources of the State budget and reduce the level of salary of the judges in General and in

2011 especially, and this back to the intended watering or distorted

the principle of equality in the inlaid spending on salaries of

the State budget, it is not a purpose which can be regarded as an expression of ratia

justifying the possible neakcesorickou of the inequality.



After JUDr. Karel Cermak in June 2004 in response to the pay restrictions

to the Court, resigned from the Minister of Justice, in article

"Worthy is the judge of their wages", published 1. 6.2004 in law, wrote: "for

representatives of legislative and executive power, perhaps you can say well, injustice

happens to those who wanted them [...] Compensation will be in here

the plane of policy preferences or more intense secondary activities. But

for justice in the absence of such compensatory options. ". These words are true

According to the claimant after seven years with even greater intensity.



For the municipal court in Brno, finds the ad hoc fixed salary

base for the judge in 2011 and also in the years 2012-2014

contrary to the article. 1 (1). 1 of the Constitution in conjunction with article. 81 and article. paragraph 82. 1

The Constitution, enshrining the values of the democratic rule of law, such as

are the generality of legislation, proportionality of the interference, the disposition of the premises

the legislature, dignified the material security of judges, with art. 2 (2). 1

The Constitution, containing the principles of the Division of State power in relation to the method of

discussion of restrictions on judicial power, with art. 1 of the Charter, the Governing

the principle of equality, with art. 1 of the Protocol, laying down the principle of the protection of legitimate

expectations the acquisition of property, or even with the article. 6 (1). 1 of the Convention on the protection of

human rights and fundamental freedoms. For the proposal to grant the derogation of section 3b ((1)

and 2) of Act No. 237/1995 Coll., as amended by Act No. 425/2010 Coll., shall apply from

the appellant's argument by analogy referred to the proposal to repeal section 3 (2).

3 of the Act, i.e. expresses the conviction that in the subject matter

It is a situation similar to that already judged by the Constitutional Court in finding SP. zn.

PL. ÚS 2/02 and when he decided that it is appropriate to repeal the amendment to the law,

While the result of the restoration of the rule of the State before the institutional intervention.



The municipal court in Brno, Czech Republic highlights the unconstitutional impact of infected

the statutory provisions not only to the judges of general courts, but also to the judges

Of the Constitutional Court. States that the Constitutional Court judges were paid according to

the Basic Law on the basis of the same base pay as the judges,

While the amendment of the basic law targeted exploit, however, incorporated the judge

The Constitutional Court between the so-called. Representative, and did not provide them the treatment

as the judges of general courts. While the mutual position of the vertical

judicial power is obvious. As a result of these sessions, then

Presidents of Supreme courts and the Presidents of the courts of colleges

have a higher salary than the judges of the Constitutional Court (in 2011 about 0.8%, respectively.

4.9% in 2012 and 2014 about 6.2% and 10.4%). Such a condition is

it conflicts with the thesis of vyřčenou already in the Constitutional Court, SP. zn. PL.

TC 55/05, in which the salary base is protected as an insurance policy against

reversing the originally built, the whole session of the judiciary in

broad sense and is based on the plane of unconstitutionality article. 1 (1). 1 of the Constitution

in conjunction with article. 81 and 83 of the Constitution. In other then applies in relation to the

the judges of the Constitutional Court's argument that the applicant all filed in

the previous sections in relation to the judges of general courts.



In conclusion, your rapporteur draws attention to petit in the form of eventual formulated

at the same time proposes that the Constitutional Court, if it considers the arguments předestřené

relevant, include in the circle of persons concerned by the derogation should apply,

also the judge of the Constitutional Court. In case of compliance with the proposal in the eventuality

repeal of Act No 236/1995 Coll., made by law No.

425/2010 Coll., which result would be to restore the rule of the State before the

institutional intervention, when the neodložení performance derogačního the award, shall be deemed to

the rapporteur for the important clarification of the legal effects (ex tunc, or ex

Nunc) of such a finding. In case of compliance with the proposal in the prospect of cancellation

the contested provisions of Act No. 237/1995 Coll., as amended by Act No.

425/2010 Coll., the applicant considers it necessary suspension of operation

derogačního award, given to fill a gap in the law would then

the legislature was necessary activity.



The municipal court in Brno, at the same time suggested that the Constitutional Court in accordance with § 39

the law on the Constitutional Court ruled it has submitted the proposal as a priority, as

It considers that the matter is urgent. This is because the repetition of the pay restrictions

on the part of the legislature, the intensity of the restrictions, as well as the submission of the

527 actions the judges to payment of salary and compensation expenditure towards the end of April 2011

a total of 527 judges, of which by the municipal court in Brno is currently

a total of 131 lawsuits heard by the judges of the municipal court in Brno, the district

the Court of Brno-country district, the regional court in Brno, and the Supreme Administrative Court.



II.



Recap the essential parts of the representation of a party to the proceedings



According to § 42 para. 4 and section 69 of the Act on the Constitutional Court sent the Constitutional Court

the proposal of the Chamber of deputies of the Parliament of the Czech Republic. On your

observations of 19 April 1996. April 2011, President of the Chamber of Deputies

Parliament of the Czech Republic Miroslava Němcová refers to the Executive

a report on a draft law amending the Act No 236/1995 Coll., on salary and

other elements linked to the exercise of the functions of the representatives of the State

power and some State authorities and judges and members of the European

Parliament, in wording of later regulations, and Act No. 201/1997 Coll., on

salary and some other elements of the prosecutors and amending and

supplementing Act No. 143/1992 Coll., on salary and remuneration for work

stand-by in budgetary and certain other organizations and

the institutions, in the wording of later regulations, as amended, in

the Government states that the proposed legislation is in accordance with the constitutional

policy and the laws of the United States, and is not contrary to international

the treaties, which the Czech Republic is bound, as referred to

the issue is unknown, while the Government is aware that the independent

the exercise of judicial power is granted a special constitutional protection, but at the same time

you need to start from the fact that the consequences of the global economic

the crisis, which affects all areas of the company are exceptional and

justify a specific savings on salaries of judges.



To keep the design of the Act shall be in the

notes that the proposal was discussed by the Budget Committee and the Committee of constitutional law,

the amendments changed the Government, inter alia, the proposed wording of section 3a

and 3b of the law no 236/1995 Coll., on second reading the draft law held on

December 7, 2010 has made its proposals in the detailed debate 6 members

(last. Shy Vilimec, Klasnová, hamster, Peake and at 2 am), none of them

However, it did not suggest a change to the design of the relevant provisions. In the vote in the

the third reading of the Bill, which has been implemented on 10. December

2010, the Chamber of Deputies had not supported the draft Constitution Committee on

the new wording of the provisions of paragraphs 3a and 3b, and these provisions, as well as

the provisions of § 3 para. 3, was adopted by the Government of the proposed text in the

the final vote, in which the Chamber of Deputies agreed with the

the wording of the draft law, when from the present 167 deputies voted for 147

design and 1 opposed. The Chamber of Deputies has progressed on 10. December

2010 Bill of the Senate, which approved it and discussed at its meeting


16 December 2002. December 2010. President of the Republic signed the Act of 17 July.

December 2010. The approved law was delivered to the signature of the Prime Minister and in the

The collection of laws was promulgated on 30 November. December 2010.



President of the Chamber of deputies of the Parliament of the United Kingdom advocates

the belief according to which law No 425/2010 Coll., amending Act No.

237/1995 Coll., on salary and other terms associated with the performance of

the functions of the representatives of State power and some State authorities and judges and

members of the European Parliament, in the wording of later regulations, and act

No 201/1997 Coll., on salary and some other elements of the State

representatives and amending and supplementing Act No. 143/1992 Coll., on salary and remuneration

for stand-by duty in budgetary and certain other

organisations and bodies, as amended by later regulations, as amended by

amended, was adopted by a properly conducted legislative

process, and it is up to the Constitutional Court, in the context of the examination of the proposal

The municipal court in Brno on the repeal of this law, to assess its constitutionality

and issued the relevant decision.



According to § 42 para. 4 and section 69 of the Act on the Constitutional Court sent the Constitutional Court

the present proposal and Senate of the Parliament of the Czech Republic. At the outset of its

observations of 15 June. April 2011 its Chairman Milan Štěch recapping

the progress of the discussion of the Bill. Notes that the proposal

the contested act was after its approval in the Chamber of Deputies delivered

The Senate on 10. December 2010, where he was heard as Senate document No No.

9 at 8. term of Office. The Bill has been discussed in two committees, and

in the Committee on economy, agriculture and transport, which was the Committee

guarantee, and in the Committee of constitutional law. Committee on holdings

Agriculture and transport discussed the Bill on its 3. meeting held

on 15 December. December 2010, and in its resolution No 23 recommended the Senate

the present draft law approved by the Chamber in the wording of a transferred

the Chamber of Deputies. The Committee discussed the draft constitutional law on its 3. a meeting of the

held on 15 December. December 2010, and in its resolution No. 10 the Senate recommended

the present Bill to return the Chamber of deputies of the Czech Parliament

States with amendments adopted by the Committee. The purpose of these

amendments have been proposed to accept a permanent change in the

the reduction coefficient for determining the salary base (reduction of

three times to 2 times in the Act No 236/1995 Coll., or of 2 human

on 2, 25 times in the Act No 201/1997 Coll.), with the fact that, following the

This modification would be uniform for all persons concerned was made

restriction of 5% base salary only for the period of 2011, while

the use of the salary base calculated in accordance with General editing, i.e.

the wage base that would no longer be called. frozen. This conclusion

It took the Constitutional Committee after detailed discussion of the draft law, in

which speakers all present members of the Committee, and in which it was given

to present the views of the representatives of the two present also the judiciary

(JUDr. J. Baxovi, the President of the Supreme Administrative Court, and JUDr. (L).

Vávrovi, the President of the District Court for Prague 1). The Senate presented by

the draft law discussed at its 3. meeting on 16. December 2010. In

extensive discussion was from the Senators made a series of objections to

the proposed treatment, President of the Chamber of which points to the object to the

recurrent restrictions on the salaries, the so-called multi-year. freezing level

the base, to the nesystémovosti, where it has been proposed the temporary introduction of

the amounts of the level of the base, or reservations with regard to the fact that it is a

proposal for further editing, in which you can assume its attack on the constitutional

the Court. Puts forth, that in that context, some senators

support the amendments made recommended for adoption

constitutionally-legal Committee. Quite a considerable part of the discussion, however, next to the

critics of the present draft law also stressed their perception of

the proposed adjustments as the expression of solidarity in the context of energy-saving

the measures that have been taken in the remuneration of public servants, respectively.

austerity made in many other areas.



The statement also notes that the Senate after extensive debate has taken

resolution No 67, which approved the Bill as amended by a transferred

The Chamber of Deputies, as recommended in its resolution guarantee Committee.

For this resolution from the present 68 senators voted 46 against were 3 and

19 abstentions. The law was 30. December 2010 has been declared in the collection

the amount of the 147 laws under the number 425/2010 Sb.



In conclusion, the observations of the President of the Chamber advocates the belief according to which the

on the Constitutional Court to examine the constitutionality of the proposal produce legal

provisions and decided.



III.



The abandonment of an oral hearing



According to the provisions of § 44 para. 2 Act No. 182/1993 Coll., the Constitutional Court may be

the consent of the participants of the oral proceedings, to refrain from it cannot be

expect further clarification of the matter. Due to the fact that, as the applicant in the

Administration delivered to the Constitutional Court on 23 June. June 2011, as well as a participant

proceedings in the note, the chairwoman of the Parliament of the United

of the Republic, the Constitutional Court delivered 28 June. June 2011, and President of the

Senate of the Parliament of the Czech Republic, the Constitutional Court delivered on 24.

June 2011, have expressed their consent with the abandonment of the oral proceedings, and

Whereas, Furthermore, that the Constitutional Court has considered that, since the meeting cannot be

expect further clarification of the matter, it was from the oral proceedings in the case

abandoned.



IV.



The diction of the provisions of the contested legislation



According to the provisions of § 3b of the paragraph. 1 of law no 236/1995 Coll., as amended by Act No.

425/2010 Sb. "from 1. January 2011 until 31 December 2006. December 2011 shall be the salary

the basis for the judge's $ 54 005 ". According to paragraph 2 of that legal

the provisions: "from 1. January 2012 to 31. December 2014 is the salary

the basis for the judge to $ 56 849 ".



The provisions of § 3 para. 3 of Act No. 237/1995 Coll., as amended by Act h.

309/2002 Coll. and Act No. 425/2010 Coll., provides: "the salary base is

from the 1. January to 31. December calendar year, 2.5 times the average

nominal monthly wages of individuals in non-business sphere achieved

According to data published by the Czech Statistical Office for two

calendar year. The amount of the salary base for the calendar year

announced by the Ministry of labour and Social Affairs in the collection of laws

communication ".



According to the provisions of § 3a of Act No. 237/1995 Coll., as amended by Act No. 425/2010

Coll., from 1. January 2011 until 31 December 2006. December 2014 is the salary base for

Representative (i.e. the Member of the Government, the President of the Republic, judge of the constitutional

Court Member, Vice President and President of the Supreme Audit Office,

Member, Vice-President and President of the Council for radio and television

broadcast, Member, Vice-President and President of the Council of the Institute for the study

totalitarian regimes) 51 731.



In the.



The conditions of the locus standi of the applicant



Proposal to repeal parts of the law No 425/2010 Coll., amending Act No.

237/1995 Coll., on salary and other terms associated with the performance of

the functions of the representatives of State power and some State authorities and judges and

members of the European Parliament, in the wording of later regulations, and act

No 201/1997 Coll., on salary and some other elements of the State

representatives and amending and supplementing Act No. 143/1992 Coll., on salary and remuneration

for stand-by duty in budgetary and certain other

organisations and bodies, as amended by later regulations, as amended by

amended, (or parts of the Act No. 237/1995 Coll., on salary and

other elements linked to the exercise of the functions of the representatives of the State

power and some State authorities and judges and members of the European

Parliament, as amended by Act No. 425/2010 Coll.), if they contain restrictions

in the remuneration of the judges (§ 3 (3), of section 3b), together with a proposal on the priority

the decision in this matter pursuant to section 39 of the law on the Constitutional Court, was

filed with the municipal court in Brno, according to the provisions of § 64 para. 3 of the law on

The Constitutional Court.



As was already mentioned in naraci, SP. zn. 35 C 35/2011 City

Court in Brno decided on the action, which the District Court judge

Brno-venkov seeks against the Czech Republic-Brno-venkov District Court

payment of the amount of $ 21 500. This is the difference between the claim of the plaintiff to the salary

within the meaning of sections 28 to 31 of Act No. 237/1995 Coll. and the deductibility of the multi-purpose

flat-rate reimbursement of expenses within the meaning of § 32 para. 1 (b). a) of law No.

237/1995 Coll., for January 2011, and between the salary actually paid and

refund of expenses reduced with effect from 1. January 1, 2011 by Act No.

425/2010 Sb.



The municipal court in Brno, after in the context of its decision-making

activities in accordance with art. 95 para. 2 of the Constitution, came to the conclusion that the

the provisions of § 3 para. 3 and § 3b of the paragraph. 1 of the law on salary, as amended by law

No 425/2010 Coll., and in the provisions of § 3a eventum Act No. 237/1995 Coll.

as amended by Act No. 425/2010 Coll., to be in solving things SP. zn.

35 C 35/2011 used is in breach of article. 1 (1). 1 in conjunction with article. 81

and article. paragraph 82. 1 of the Constitution. (I) article. 83 of the Constitution, with art. 2 (2). 1

The Constitution, with art. 1 of the Charter and article. 1 of the Protocol, after the break master


proceedings according to § 109 paragraph. 1 (b). (c)) code of civil procedure to the constitutional

the Court has submitted the present proposal on control standards.



A procedural condition for the locus standi of the General Court according to § 64 para. 3

the law on the Constitutional Court is such a position of the Act. his

the individual provision whose annulment is sought, subject

equity management, which establishes for the adjudication of the matter by the General

the Court decision the reasons why. Its locus standi appellant relies on

the finding, according to which in the solution of the case must be applied to section 3b

paragraph. 1 of the law on salary, as amended by Act No. 425/2010 Coll., designating

the base salary for 2011. For the assessment of the claim

(the applicant requires a difference in salary and compensation expenditure, which was both

as a result of ad hoc bases for 2011, partly as a result of

reduction of the salary base in General) should be according to apply also to section 3

paragraph. 3 of the law on salary, as amended by Act No. 425/2010 Coll., designating from

January 1, 2011, the method of determining the salary base.



As is apparent from the description of the proceedings before the General Court, therefore, on

applicants concluded his active fulfillment

the evidence for proceedings for review of the standards only in relation to the provisions of §

3B of the paragraph. 1 of the law on salary, as amended by Act No. 425/2010 Sb.



Conditions arising from article. 95 para. 2 of the Constitution, but the proposal does not satisfy in respect of

to the provisions of § 3b of the paragraph. 2 of the law on salary, as amended by Act No. 425/2010

Coll., and in relation to § 3a of the law on salary, as amended by Act No. 425/2010

Coll., as well as in relation to § 3 para. 3 of the law on salary, as amended by Act No.

425/2010 Sb.



In the event the first is due to the fact that the provisions defining

the amount of salary of the judges from the base 1. January 2012 to 31. December 2014,

or for pay claims judge in January 2011 do not derive from it no

the legal consequences in the case of the other provisions in question provides for the amount of

the wage base for officers, i.e.. and the judge of the Constitutional Court-

do not derive from it but no legal consequences for judges of general courts.

The applicant argues in this context, the legal opinion of the constitutional

of the Court, contained in the findings, SP. zn. PL. ÚS 33/09 and PL. ÚS 13/08, by

which must be a condition pursuant to art. 95 para. 2 of the Constitution, "the use of the law in

the solution of the case "to interpret extensively. In these matters was true

the condition of "indirect" impact or impact "in the broad sense"

under consideration of the relevant legal provisions on the matter, in the words of the constitutional

Court were provisions that Park had no "direct legal basis, but

undoubtedly influenced (or could affect) the entire character of the proceedings

led by the plaintiff "(SP. zn. PL. ÚS 33/09). This condition but in

the case is not-as has already been stated, the provisions of §

3B of the paragraph. 2 of the Act sets out the amount of the salary base salary of judges 1.

January 2012 to 31. December 2014, or for salary claims the judge on

January 2011 from it do not generate any-or indirect or in the broader sense of the word

understood-the legal consequences.



Terms of locus standi under article 5(2). 95 para. 2 of the Constitution are not met

also in section 3 (2). 3 of the law on salary, as amended by Act No. 425/2010 Sb.

The salary base for the determination of salary of the judges is regulated in § 3 (1).

3 and in section 3a and 3b of the law. Their relationship is a relationship legi

Speciali to legi generali, IE. the effectiveness of the mechanism laid down in § 3

paragraph. 3 comes up from the 1. 1.2015. The derogations provisions of § 3b of the paragraph. 1

the law on salary, as amended by Act No. 425/2010 Coll., salary

the basis for determining the salary of judges set out the provisions of section 3 (2). 3, which

but without the implementation arrangements in its existing form is not applicable,

because its content is authorised the Ministry of labour and Social Affairs

on the basis of established aspects of pay determine the base and its amount

to declare, in the form of a communication in the statute book, the last such

communication from the Ministry of labour and Social Affairs was issued under no.

582/2006 Coll. for the year 2007 (communication of the Ministry of labour and Social Affairs

as regards the amount of the salary base for the determination of salary and certain refunds

expenditure under the Act No 236/1995 Coll., on salary and other terms of

associated with the performance of the functions of the representatives of State power and some

State authorities and judges and members of the European Parliament, as amended by

amended in 2007). As for its applicability and

for any assessment of its constitutionality from the perspective of the reasons that the constitutional

the Court led to the derogation provisions of § 3b of the paragraph. 1, it is necessary to issue

of the communication. The constitutionality of the enabling provisions of § 3 para. 3

the law on salary, as amended by Act No. 425/2010 Coll., therefore-as

found-in terms of derogačních reasons affecting the provisions of

§ 3b of the paragraph. 1 assess only the relative to the specific amount of the Ministry of

labour and Social Affairs set out the wage base, therefore i cannot be other than

in relation to the stated lack of locus standi on the side

the claimant at the time of deciding the matter by the Constitutional Court.



The explanatory memorandum to the draft legislative construction projected in

the provisions of § 3 para. 3 and § 3b of the paragraph. 1 and 2 of the law on salary, which for

the case of any derogation from § 3b of the paragraph. 1 of law findings

The Constitutional Court determined by the effectiveness of the provisions of § 3 para. 3, zakotvujícího

the reduced level of the wage base for the determination of the amount of salary of the judges, that the

the purpose is to anchor "insurance policy" in case "If ... The Constitutional Court

reached after the eventual action, the judges concluded that even such limited

restrictions on the salaries of the judges is not constitutionally compliant ", the Constitutional Court is in this

the context of the forced to conclude on the buckling of the policy framework, the legislator

democratic constitutional political culture.



Of all these reasons, the Constitutional Court had landed before a proposal on the

repeal the provisions of § 3b of the paragraph. 2, section 3a and section 3 (2). 3 of the law on salary in

amended by Act No. 425/2010 Coll., by reason of the submission clearly unwarranted

person according to § 43 para. 1 (b). (c)) and paragraph 2. 2 (a). (b)) of the Constitutional

the Court rejected.



Vi.



Constitutional competence and conformity of the legislative process



The Constitutional Court in accordance with the provisions of § 68 para. 2 of the Act on the constitutional

the Court in proceedings for review of the standards required to assess whether the contested

the law, its individual provisions. another piece of legislation.

each of its provisions, was accepted and published within the limits of the Constitution

set out competences and constitutionally prescribed way.



Of Council publications and těsnopiseckých reports, as well as the observations of the participant

proceedings, it was found that the Chamber of Deputies approved the proposal

the law in question 3. reading on its 9. a meeting of 10 March 2006. December 2010

resolution No. 216, from 167 members of the 147 MPs present and

voted for and 1 against.



The Senate on its 3. meeting held on 16. December 2010 resolution No. 67

the draft law, as amended by the Chamber of Deputies transferred

approved for this resolution from the present 68 senators voted 46,

against were 3 and 19 abstentions.



The law was signed by the respective constitutional officials, and was under the

No 425/2010 Coll. properly declared in the amount of 147 of the laws that has been

circulated on 30 November. December 2010, and according to the article. (III) entered into force on 1 January 2000.

January 2011.



The plaintiff alleged constitutional relevance of neprojednání design

contested statutory provisions with representatives of the judiciary, the Constitutional

the Court held in the award already SP. zn. PL. ÚS 12/10. Formulation of the appeal, in the

which stated that the adoption of the contested provisions has occurred on the part of

the legislature, in principle, a unilateral act, without audiendi alterae partis,

Therefore, the judges found themselves in terms of the relevantly options show

will and defend the issue of salary in a worse position than other professions, with

which also intended to implement pay restrictions. He called on

the legislature, in the event of exceptional circumstances, for example. difficult financial

the situation of the State, judges were as follows at a disadvantage, as well as to the

the legislature before accepting the pay restrictions capped the relevant

the opinion of representatives of the judiciary, which should become a part of

the explanatory memorandum.



As is apparent from the recap of the discussion and adoption of the law (according to the

the explanatory memorandum "for reasons of time has not been consulted on the contents of the draft"),

representatives of the judiciary not again to its content

Express. The Constitutional Court in this regard is repeatedly confronted with the

failure to respect the fundamental principles of the democratic situation political

culture, when by the legislature from the perspective of the acceptance of the decision-making

reasons contained in the case law of the Constitutional Court can be expected to respond

only the intervention of a derogatory, but not morally-political appeal. The constitutional

While the Court is aware that this negative status creates pressure on

interpretation of the principles resulting from the extension of the constitutional order, the pressure on the

downshift to the rules of democratic political culture under the

konstitucionalistický framework.



The Constitutional Court has already in its award for the first time taken in proceedings for review of

standards SP. zn. PL. ÚS 19/93 of 21 April. 12.1993 (N 1/1 SbNU 1; 14/1994

SB.) He declared that, in this context, with all the urgency and seriousness:

"The legitimacy of the political regime cannot be based only on the formal-legal


aspects, because the values and principles on which it is based, are not only mode

legal, but primarily of a political nature. Such principles of our Constitution,

as the sovereignty of the people, a representative democracy, the rule of law,

are the principles of the political organization of society, which are not arbitrary

fully definable. Pozitivněprávní adjustment of them is based on, but

the contents of these principles is not normative by modifying the exhausted-remains

something more ... Not even in the sense of the scope of legislative competence in the

the framework of a constitutional State cannot talk about the sovereignty of the law. In the concept of

the constitutional law, on which it is based, the Constitution of the United States, it is not

law and justice and the subject of the free disposition of the legislature, and even

law because the legislature is bound by certain fundamental values, which

The Constitution declared inviolable. The Constitution of the United States for example. in the article.

9. 2 provides that "the essential elements of democratic change

the rule of law is inadmissible ". The constitutive principles

a democratic society in the framework of this Constitution, built over a legislative

competency, and by "ultra vires" of Parliament. With these principles is

falls of the constitutional State. Delete any of these principles, made by

any, even as a majority or a unanimous decision

Parliament, could not be interpreted otherwise than as the removal

This constitutional State as such. ".



To these fundamental proposition of the Constitutional Court remains even after an interval of almost

twenty years. The principles of the constitutional system of freedom and democracy are not

completely arbitrary definable, pozitivněprávní adjustment of them

It is based on, but the contents of these principles is not normative by modifying the exhausted-

still remains something more. However, even in the case in question, therefore, the Constitutional Court

assess the absence of discussion of the pay restrictions for judges, and therefore certain

forms of intervention into one of the components of judicial independence-the principle

the stability of the material security of judges-without their consultation with

Representative, or representatives of an independent judiciary, as a violation of the rules

democratic political culture for the future in the cumulation with other

circumstances, ocitajícími is contrary to the principles of the constitutional order,

in this context, does not exclude the derogatory action.



On the basis of the above, the Constitutional Court notes that law No.

425/2010 Coll., amending Act No. 237/1995 Coll., on salary and other

formalities associated with the exercise of the functions of the representatives of State power and

some State authorities and judges and members of the European Parliament, in

as amended, and Act No. 201/1997 Coll., on salary and some

other elements of the prosecutors and amending and supplementing Act No.

143/1992 Coll., on salary and remuneration for work stand-by in budgetary and

in certain other organisations and bodies, as amended

the regulations, as amended, was not accepted in such intensity

non-compliance with constitutional kautelami concerning the competence and

the legislative process, which would establish the reason for this derogation.



VII.



The content of the contested legal provisions compliance with the constitutional order

(the constitutionality of the pay restrictions against judges)



The Constitutional Court is the issue of judicial salaries in the past repeatedly

He has dealt with. Its earlier case law summarized in the award SP. zn. PL. ÚS 55/05,

to which he bequeathed in its other findings relating to the issue of

judicial salaries, and it awards SP. zn. PL. ÚS 13/08 and PL. ÚS

12/10. Since it is evident that the parties to this case-law

known, it does not consider the Constitutional Court for the necessary it repeatedly in detail

recap.



From the case law of the Constitutional Court, as well as its comparison with the case-law

European constitutional courts (see in particular the decision of the Constitutional Court

The Republic of Poland SP. zn. P 1/94 of 8 February 2005. November 1994, 13/94 of

on 14 June 2005. March 1995, P 1/95 of 11 December. September 1995, P 8/00 of day 4.

October 2000, to 12/03 of 18 May. February 2004) to the question of the constitutionality of

the pay restrictions against judges result these basic generalizing theses:



-the assessment of the constitutionality of the pay restrictions against judges for specific

the period of a particular year falls within the framework of a defined principle of judicial

the independence,



-constitutional status of judges on the one hand, and representatives of the can

the legislative and the Executive, in particular public administration, on the other hand

due to the principle of the separation of powers and the principle of the independence of judges, distinguished

which implies a different disposition as well as space for the legislature to pay

the restrictions against judges compared to the layout area to such

restrictions in other areas of the public sphere,



-intervention in the material security of judges guaranteed by law shall not

be an expression of the arbitrariness of the legislature, but must be based on the principle of

of proportionality, is justified by exceptional circumstances, for example. oppressive

financial situation of the State, and even in this condition must be

take into account the difference in the function of judges and representatives of the governance and

the Executive, in particular public administration; such intervention may not give a reason for

concern, without prejudice to the limitations of the dignity of judges [see recommendation

The Committee of Ministers of the Council of Europe no. r (94) 12 of 13 April. October 1994].

If the expression is not constitutionally unacceptable pressure and be able to act

Executive on judicial power.



According to the case-law of the Constitutional Court referred to the principle of an independent judiciary

It is one of the essential elements of the democratic rule of law (article.

9. 2 of the Constitution). Request independent of the judiciary stems from two sources:

from the neutrality of judges, such as the guarantee of a fair, impartial and

the objective of the court proceedings, and of safeguarding the rights and freedoms of individuals

judge odčleněným from political power. The independence of judges is guaranteed by

guarantees of the special legal status (which is to be classified

nesesaditelnost, non-repudiation, integrity), further guarantees

organizational and functional independence from the institutions representing

in particular, the legislative and the Executive Branch, as well as through the separation of the judiciary from the

the power of the legislative and executive power (in particular by the principles

incompatibilities). In terms of the content is then judicial independence

only the Judges Act vázaností provided, IE. exclusion of any

which elements in his decision making. Basic components

the principle of the independence of the judiciary, the Constitutional Court comprehensively dealt with in the

finding SP. zn. PL. ÚS 7/02 of 18 May. 6.2002 (N 78/26 SbNU 273;

349/2002 Coll.).



Arbitrary interference by the legislature in the field of material ensuring of judges, in

how the pay restrictions, it is settled case-law to be within the meaning of

The Constitutional Court in the framework of the protected principle of their independence

for their part, for two reasons. The independence of judges in the first place is subject to the

their moral integrity and professional levels, but is associated with

their adequate material provision. This component of the principle of

the independence of judges was not enshrined in the recommendation of the Committee of Ministers of the Council of

Europe no. r (94) 12 of 13 April. October 1994 concerning the independence,

efficiency and role of judges, which is between the "proper working conditions"

judges rank well "ensure proportionality status and remuneration of judges with

regard to the dignity of their profession and work load "(principle III,

section 1b). Similar highs is contained also in article. 6.1 the European Charter of

the Statute of judges, adopted a multilateral meeting participants

organised by the Council of Europe in the days of 8. up to 10. July 1998, by which the

the judges of the occupation have a right to salary, the amount to be fixed so

in order to protect them from pressure to influence their decisions and

General to influence their behavior when finding the law that would

could be compromised their independence and impartiality. In this context,

The Constitutional Court has repeatedly points out (see find SP. zn. PL.

TC 12/10), that "the public budget deficits are no longer

long involved in the professional group, which is legally very significantly

limits the possibility of achieving the other income than salary ". The reason for the second

the prohibition of arbitrary interference with the downshift material ensuring of judges

(the pay restrictions) within the framework of the principle of their independence is to exclude the

option, the possibility of coercion Act or Executive on the

decisions of the judges. In other words, exclude arbitrary interventions in the

material ensuring of judges as the eventual form of the "penalty" of judges

by the legislation and executive branch, and thus forms of pressure on their

decision making.



In finding SP. zn. PL. ÚS 13/08 Constitutional Court held the proposition that

It also represents a key aspect of the assessment of the constitutionality of the contested

the provisions of § 3b of the paragraph. 1 of the law on salary: "step of the legislature, which (by)

There has been not to suspend the growth rate of salary of the judges, but to even the

the partial withdrawal has already achieved the level of their material security,

hardly could the Constitutional Court with regard to the principles of the democratic rule

State aprobovat. In particular, this is true, if it turned out that such

fundamentally inadmissible restrictions only or primarily affects income

the ratios of the judges, and not at the same time the income of other "servants" of the State. ".



The development of opinions on the guarantee of judicial independence


took place in parallel and at the level of the European institutions. The Committee of Ministers

The Council of Europe in recommendation CM/Rec (2010) 12 of 17 May. November 2010

the Judges Act enshrined the requirement, according to which the remuneration of the judges must

express their role and responsibility and be a sufficient barrier against

stimulus aimed to influence their decision, for the guarantee

the achievement of this purpose is treated as a State in which-among other things-are

Board of judges in a reasonable relation to the earlier salary and in which is given by

the existence of a special legal provision to prevent the reduction of salary

judges (article 54).



Explanatory memorandum to the proposal for the contested act indicates originally

the legislature provided for a mechanism to determine the salary base

representatives of State power as "unrealistic" and requiring the judges of the

the perspective of the principle of the independence of the "evolutionary remedy", the aim

the legal amendment is: "in connection with the necessary energy-saving

measures in public budgets to find a solution that would

allow to reduce the salaries of the leaders of all the three State powers, which are

reimbursed from the State budget, however, inconsistent with the principles of

the proportionality of the salary adjustment for judges, who enjoy the increased constitutional

the protection of ". The entire complex changes in the proportions of the material security

judges in relation to employees of the public administration is then in the explanatory memorandum

marked as "mitigation of unjustified differences in the level of salaries and

achieve of proportionality when spending on the salaries of

the same source, namely from the State budget. In any respect, then you cannot

the proposed solution to be considered as a limitation of the dignity of judges or as

expression of unacceptable pressure can constitutionally the legislative and the Executive on the

judicial power, because the salaries of judges are even after the implementation of the proposed

measures highly above-standard and proposed measures in a much increased

extent touches and the legislative and executive power. ".



In the context of the complex changes embodied in Act No. 237/1995 Coll.

the amendment made by Act No. 425/2010 Sb. The Constitutional Court is due to the

the subject of the proceedings is forced to distinguish on the one hand reduce the salary of judges

based provisions of section 3b of the paragraph. 1 of the law on salary and the salary reduction

the judges modified the provisions of § 3b of the paragraph. 2 and § 3 (1). 3 by reducing

previous salary base.



In relation to § 3b of the paragraph. 2 and § 3 (1). 3 of the law on salary, which for

the assessment of the constitutionality of the Constitutional Court inferred the absence of active

the evidence on the part of the claimant, the Constitutional Court notes as obiter

dictum that the voucher of the explanatory memorandum to the European Commission's assessment report

The Czech Republic in 2000, in which it was stated that "the salaries of judges

are relatively high ", while in other areas, for example. with regard to the

the police and administrative structures, it was pointed out the low level of salaries,

not be regarded as nepřípadný, because the salary base and the session

the average salary of the judges and the salary base and the average salary in the

public administration-according to the data of the applicant, which was not a party to

the proceedings challenged-was in 1999, the value of 3.7 in 2011

only the value of 2.34. The judge with many years of experience receives approximately

only 2/3 of the salary of a senior civil servant honorovaných better and

does not reach far from the average of their income. In 2003, the salary

the said judge 47 000 CZK and the average salary of the Director of the Central

Government authority-$ 50 187, in 2009, this difference is opened on

57 400 Czk (judge) and 66 734 Eur (Director).



In finding SP. zn. PL. ÚS 11/02, the Constitutional Court on the edge of that trend

the Court held that "remuneration of judges in a broad sense to be

stable nesnižovatelnou quantity, rather than the moving factor, with whom

calculates this or that government groups eg. because he seem to salaries

judges too high in comparison with the salaries of civil servants, or in

comparison with another professional group ". The abandonment of any rational

relationships between the level of salary of the judges and the level of salaries in the public sector in

modify the law on salary reflected in their absurd consequences to

the salary of the judges of the Constitutional Court, as a result of which the then Presidents of Chambers

the Supreme courts and the Presidents of the courts of colleges have a higher salary than

the judges of the Constitutional Court (in 2011 about 0.8% and 4.9% in 2012

up to 2014 on 6.2% and 10.4%).



The Constitutional Court on the edge of the provisions of § 3 para. 3 and § 3b of the paragraph. 2 of the law on

salary other than repeat the statement that expressed already in finding sp.

Zn. PL. ÚS 12/10: "judicial salaries and in contrast to the salaries of other

"servants of the State" after a long period with the following intended

prospects are only subject to the restrictions. Measures in relation to them shall

then do not seem extraordinary and proportional, but as a targeted process

pointing to the fact that judicial salaries returned to lower levels, and

Therefore, in order to eliminate this way from the standpoint of governance and

powerful in the past made an "error" in setting the rules for calculations

judicial salaries in the mid-1990s. years 20. of the century. Such levelling

then, in effect, leads inevitably to the descent of the judiciary

inside a middle-class social stratum, his income degradation in

relation to other legal professions and to reduce its required

social prestige. ".



Reduction of the salary of judges is accompanied by, ironically, conflicting facts:

on the one hand, is sufficient grounds for a legislature must public savings

Finance and reducing the disproporcionality in relation to the wages of employees

public administration, on the other hand is accompanied by increases in salaries in the

public administration, or their nesnižováním.



Reduction of the salary of judges for 2011 based the provisions of § 3b of the paragraph. 1

the law on the salary is then inconsistent with the kautelami, which for such a restriction

in settled case-law, the Constitutional Court had set.



Government Ordinance No. 44/2007 Coll., adjusting with effect from 1 January. March 2011

amended Decree-Law No. 564/2006 Coll., on salaries of employees

in public services and administration, as amended,

not affect the salary level of workers according to § 5 para. 2 (a). and)

Government Regulation No. 561/2006 Coll., as amended, (the State

employees according to § 303 paragraph. 1 of the labour code). Reduce the amount of the wage

the resources for the specified group of employees not yet does not predict the

the real level of restrictions in the region as a whole (with a view to reducing

the number of these employees, for example. cancellation of unfilled seats.

various forms of termination of employment or the like) and have

does not include any information about the structural restrictions. On the contrary.

The data submitted by the applicant-and-party uncontested

demonstrate the extremely high level of salaries in the public sector for the year 2010:

the total average salary of Directors of departments of ministries is 458 people

represented by an amount of approximately 64 thousand. CZK (without the Ministry of agriculture,

amounted to 70 thousand. EUR); the average salary of the top CEOs and 147 deputies

acting on the 11 ministries is approaching 100. € (97.6 thous. EUR)

76 952nd diameter exceeds 100 thousand. € (105.5 thous. CZK).

In addition, the Constitutional Court's is aware of the fact that, unlike fixed

judicial salaries the remuneration set out above some employees

public administration can be multiple of judicial salaries,

that their wage, unlike judges, do not consist of only fixed tariffs, but also

Next, either regularly recurring amounts (personal assessment),

and (or) lump sums (rewards). In addition, for

a series of public employees is open to the possibility of revenues accruing from the

other working activities.



Without the Constitutional Court however came with an ambition to deeper analysis

the economic situation in the Czech Republic, only its two parameters-

the parameter parameter of the growth and debt-notes that according to the data

The Czech Statistical Office

(http://www.czso.cz/csu/csu.nsf/informace/chdp060911.doc) the gross

domestic product adjusted for price, seasonal and calendar effects in 1.

quarter of 2011 has increased year on year, according to the estimate of zpřesněného 2.8%,

0.9% respectively compared with the previous quarter.



The evolution of GDP in 2010 (in%, the fixed price)

----------------------------------------------------------------------------------------------------------------

Gross domestic product 1. quarter 2. quarter 3. quarter 4. quarter of the Year 2010

----------------------------------------------------------------------------------------------------------------

To the previous quarter

(adjusted for seasonality and working days) + 0.8 + 0.6 + 0.8 + 0.5 x

----------------------------------------------------------------------------------------------------------------

To the same period of the year 2009

(adjusted for seasonality and working days) + 1.2 + 2.7 2.6 2.3 + + + 2.2

----------------------------------------------------------------------------------------------------------------

To the same period of the year 2009

(seasonally unadjusted data) + 1.2 + 2.9 + 2.3 + 3.0 + 2.3


----------------------------------------------------------------------------------------------------------------



The amount of the deficit in the public finances, then the Constitutional Court from communication to Eurostat

No 60/2007 of 26 March. April 2011

(http://epp.eurostat.ec.europa.eu/portal/page/portal/government_finance

_statistics/in-troduction) finds that, at the end of the year 2010

the lowest debt ratio (the ratio of the State quota of public debt to gross

domestic product) in Estonia (6.6%), Bulgaria (16.2%), Luxembourg

(18.4%), Romania (30.8%), Slovenia (38.0%), Lithuania (38.2%), the United

Republic (38.5%) and Sweden (39.8%); of the fourteen countries of the European Union

reported debt quota higher than 60% of gross domestic product:

Greece (142.8%), Italy (119,0%), Belgium (96.8%), Ireland (96.2%),

Portugal (93.0%), Germany (51.7%), France (81.7%), Hungary

(49.8%), United Kingdom (80.0%), Austria (72.3%), Malta (68.0%),

Netherlands (62.7%), Cyprus (60.8%) and Spain (60.1%).



However, the Constitutional Court, therefore, prior to the adoption of the Act clearly

formulation of the maxim, according to which the principle of equality in the area of restrictions in

the remuneration of civil servants, constitutional officers and judges may be

before focusing on the principle of the independence of the judges understood comprehensively for

exceptional circumstances, and this defined the scope of the constitutional conformity

the salary restrictions on judges, the legislature is the maximou in the process

the adoption of Act No. 425/2010 Coll. did not drive. Under the above circumstances, the

You cannot accept the thesis of the necessary public expenditure savings along the way

restrictions of the salary of the judges, taking under consideration legislation lacks

any argument to the "exceptional circumstances" that would justify

the priority of the principle of equality in the area of restrictions in pay State

employees, agents and judges from the constitutional principle of the comprehensively

the perceived independence of judges.



A form of income restrictions on judges within the meaning of the constitutional principle of

equality, guarantees the independence and dignity of the status of judges, as well as

Council of Europe Committee of Ministers recommendation CM/Rec (2010) 12 and can be considered as

the next moments.



The provisions of § 157 to 163 of Act No. 361/2003 Coll., on the prison service

members of the security forces, as amended,

(according to § 1, paragraph 1, of the Act, the Security Corps

means of the police of the Czech Republic, the Czech fire brigade

Republic, the customs administration of the Czech Republic, the prison service of the Czech

Republic, the security information service and the Office for foreign relations and

information) and the provisions of § 131 to 137 of Act No. 221/1999 Coll., on the

soldiers of the profession, as amended, enshrining a Institute

výsluhového post. The provisions of § 110 (a). (b)) and § 112 to 121 of the Act

No. 218/2002 Coll., on the service of civil servants in administrative authorities and

the remuneration of these staff, and other employees in administrative

offices (business law), as amended,-taking according to §

254 of the Act, as amended by Act No. 381/2008 Coll., business law

shall take effect on 1 January 2000. January 2012-establishes that public employees

belongs to social security which includes the allowance for výsluhu

years to retirement.



The judges of the ordinary courts and the judges of the Constitutional Court (as well as the State

representatives) so the only remain "servants" of the State to which such

compensation, as well as social recognition for the performance of the function.

This deficit of Act No. 6/2002 Coll., on courts, judges, lay judges and

the State administration of courts and amending some other acts (law on courts

and the Judges Act), as amended, the law on the Constitutional Court,

as well as Act No. 283/1993 Coll., on the public prosecutor's Office, as amended by

amended, represents the neakcesorickou inequality, in relation to the

judges of general courts and judges of the Constitutional Court, then from the perspective of

Council of Europe Committee of Ministers recommendation CM/Rec (2010) 12 and limitations one of the

the guarantee of judicial independence (according to which the Board judges to be in the

a reasonable relationship to the earlier salary). This national disproportion has

your pandán in disproportion International (e.g. in relation to the position of the

judges of constitutional courts with the Czech Republic, comparable

Central European countries of Poland and Slovakia – see section 16a of the National law

the Council of the Slovak Republic No. 38/1993 Coll., on the organizácii Ústavného

súd Slovenskej republiky o konaní before him and on the position of its sudcov,

6 Ustawy Artykul respectively Trybunale Konstytucyjnym from about 1. 8.1997,

Dziennik Ustaw Nr 102, item. 643, 2000 r. Nr 48, item. 552 and Nr 53,

poz. 638, 2001 r. Nr 98, item. 1070, 2005 r. Nr 169, item. 1417 oraz

from the 2009 r. Nr 56, item. 459. the removal of the constitutional) deficit

requires active intervention by the legislature, with the consequences of that for the

the area resulting from the case-law of the Constitutional Court in the case of unconstitutionality

gaps in the law (whether right or wrong); this case-law in the mouth

either in the derogation [see e.g. findings SP. zn. PL. ÚS 14/10 of 1 March. 7.2010

(241/2010 Sb.), pl. ÚS 83/06 of 12 March 2003. 3.2008 (N 55/48 SbNU 629;

116/2008 Coll.)], or declaring a legal basis for the application of

individual entitlements and the corresponding obligations of the courts

the unconstitutionality of gaps to fill in judikatorně [see e.g. findings SP. zn. PL.

TC 48/95 of 26 July 1995. 3.1996 (N 21/5 SbNU 171; 121/1996), i. ÚS

84/96 of 24 May 2005. 6.1997 (N 81/8 SbNU 263), pl. ÚS 24/96 of 7 November. 5.

1997 (N 50/8 SbNU 23; 128/1997 Coll.), pl. ÚS 20/05 of 28 June. 2.2006 (N

47/40 SbNU 389; 252/2006 Coll.), the opinion of SP. zn. PL. ÚS-St. 27/09 from

28 June 1999. 4.2009 (Wed 27/53 SbNU 885; 136/2009 Coll.), SP. zn. PL.

TC 9/07 from day 1. 7.2010 (242/2010 Sb.), II. TC 528/02 of 2 July. 2.

2005 (N 23/36 SbNU 287), IV. TC 34/06 of 21 June. 11.2007 (N 201/47

SbNU 597), i. ÚS 663/06 of 24 June. 6.2009 (N 149/53 SbNU 811), II. TC

2326/07 of 31 July. 3.2011 (available at http://nalus.usoud.cz)].



On the basis of the following reasons, be considered as a landed the grade restriction

to the judges is contained in the provisions of § 3b of the paragraph. 1 of law no 236/1995

Coll., as amended by Act No. 425/2010 Coll., in rozpornou with the article. 1 (1). 1 in the

conjunction with article. paragraph 82. 1 of the Constitution, the Constitutional Court decided the plenary

of the derogation of the Statute, as set out in the operative part

This finding.



If the applicant seeks the voicing of the like conclusion, what has made

The Constitutional Court in finding SP. zn. PL. ÚS 2/02, in which after the dissolution of

derogačního the provisions found to restore the State based

derogovanými the provisions of, the following must be stated: Unlike

things SP. zn. PL. ÚS 2/02 in the rozhodovaném case, the derogation provisions of §

3B of the paragraph. 1 of the law on salary, as amended by Act No. 425/2010 Coll., is not

derogations derogations, therefore its cancellation occurs solely for its

"decommissioning" of the legal order of the Czech Republic, and not an effective

the Constitution of the new legislation in the form of "ožívání" of the previously

the cancelled.



In relation to point (I) of the draft, the Constitutional Court notes that, in its established

case law repeatedly has delivered a legal opinion, according to which the amendment of the legal

the regulation does not have a separate existence of normative, but becomes part of the

the revised legislation [findings SP. zn. PL. ÚS 5/96 of 8 July.

10.1996 (N 98/6 SbNU 203; 286/1996), pl. TC 33/01 of 12 October. 3.2002

(N 28/25 SbNU 215; 145/2002 Coll.), pl. ÚS 7/03 of 18 May. 8.2004 (N

113/34 SbNU 165; 512/2004 Coll.), i. ÚS 504/10 of 21 May. 3.2011, i. ÚS

1927/09 dated March 21. 3.2011 (both available at http://nalus.usoud.cz)

resolution SP. zn. PL. ÚS 24/2000 of 15 March 2000. 8.2000 (27/19 SbNU 271),

PL. ÚS 3/10 of 20 December. 4.2010, pl. TC 33/08 dated March 11. 2.2009 (both

available at http://nalus.usoud.cz)]. The Constitutional Court said the assessment of the

the amendment to the law in the case if its unconstitutionality raised

because of the lack of regulatory competency, or because of failure to comply with

constitutionally prescribed method of its adoption and release [cf. for example.

findings SP. zn. PL. ÚS 33/97 of 17 February. 12.1997 (N 163/9 SbNU 399;

30/1998 Coll.), pl. ÚS 5/02 of 2 July. 10.2002 (N 117/28 SbNU 25;

476/2002 Coll.), pl. ÚS 7/03 of 18 May. 8.2004 (N 113/34 SbNU 165;

512/2004 Coll.), pl. ÚS 13/05 of 22 December 2004. 6.2005 (N 127/37 SbNU 593;

283/2005 Coll.) and PL. ÚS 79/06 of 15 July. 2.2007 (N 30/44 SbNU 349;

37/2007 Sb.)]. The following conclusions of law fall to be addressed fully and the thing

Therefore, the Constitutional Court in Brno municipal court for annulment of the provisions of the

point 2 of the article. I. part one Act No. 425/2010 Coll., amending Act

No. 237/1995 Coll., and the provisions of point 3 of the article. Also part of the first act.

425/2010 Coll., amending Act No. 237/1995 Coll., because of the obvious

neopodstatněnosti according to § 43 para. 2 (a). a) and b) of the Act on the constitutional

the Court refused.



Due to the immediate discussion and decision-making in the case

the Constitutional Court considers that a decision on the urgency of the matter under section 39 of the law on

The Constitutional Court considered groundless.



The President of the Constitutional Court:



JUDr. Rychetský in r.



Different opinions under section 14 of Act No. 182/1993 Coll., on the Constitutional Court,

as amended, took to the justification of the decision of the Assembly,

judge Stanislav Duchoň, Franz Package, Vlasta Formankova, Pavel

Holländer, Ivana Janů, Vladimir Crust, Dagmar Lastovecká and Eliška

Wagner.