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.