65/2007 Sb.
FIND
The Constitutional Court
On behalf of the Czech Republic
The Constitutional Court ruled June 16. January 2007 in the plenary in the composition of Stanislav
Package, Francis Skinner, Vlasta Formankova, Turgut Güttler, Ivana Janů,
Vladimir Crust, Dagmar Lastovecká, Jan Musil, Jiří Nykodým, Pavel
Rychetský (Judge-Rapporteur), Miloslav Výborný, Elisabeth Wagner, and
Michael Židlická on the design of the municipal court in Brno on the cancellation of the I.
the provisions of section 1 (b). h) Act No. 425/2002 Coll. and section 3 of Act No. 425/2002
Coll., concerning the judge of the district, regional and High Court,
The Supreme Court and the Supreme Administrative Court [section 1 h) of law No.
425/2002 Coll.], II. the provisions of section 1 (b). I) Law No 427/2003 Coll. and section 3
and 4 of law No 427/2003 Coll., concerning the judge of the district, regional and
the High Court, Supreme Court and Supreme Administrative Court [section 1
(a). I) Law No 427/2003 Coll.], III. the provisions of sections thirty-third,
Article XXXIII, Act No. 309/2002 Coll., concerning judges of the district,
District and High Court, Supreme Court and the Supreme Administrative
the Court [section 1 h) of the Act No 236/1995 Coll.-note. Red: in the text of the
as at the time of the submission of the proposal, now (c). (g))], and (IV). the provisions of section
the first article I, points 1, 2, 4, 5 and 6 of Act No. 626/2004 Coll., if
concerns of the judge of the district, regional and High Court, Supreme Court and the
The Supreme Administrative Court [section 1 (b) (i)) Law No 427/2003 Coll.],
as follows:
The proposal is rejected.
Justification
(I).
Recap of the proposal
1. the examination of the Proposal by article. paragraph 95. 2 of the Constitution of the Czech Republic (hereinafter the
"the Constitution") and § 64 paragraph. 3 of Act No. 182/1993 Coll., on the Constitutional Court,
in the wording of later regulations, the municipal court in Brno, pushed for the release of
the award, which the Constitutional Court annulled the
I. the provisions of section 1 (b). h) Act No. 425/2002 Coll. and section 3 of Act No.
425/2002 Coll., concerning judges of the district, regional and high
Court, Supreme Court and Supreme Administrative Court [section 1 (b), (h))
Act No. 425/2002 Coll.],
II. the provisions of section 1 (b). I) Law No 427/2003 Coll. and section 3, 4 of Act No.
427/2003 Coll., concerning the judge of the district, regional and high
Court, Supreme Court and Supreme Administrative Court [section 1 (b) (i))
Law No 427/2003 Coll.],
III. the provisions of sections thirty-third, article XXXIII, Act No. 309/2002
Coll., concerning the judge of the district, regional and High Court,
The Supreme Court and the Supreme Administrative Court [section 1 h) of law No.
236/1995 Coll.-note. Red: as in force at the time of submission of the proposal, now
(a). (g))],
IV. the provisions of part one, article I, sections 1, 2, 4, 5 and 6 of law No.
626/2004 Coll., concerning judges of the district, regional and high
Court, Supreme Court and Supreme Administrative Court [section 1 (b) (i))
Law No 427/2003 Coll.].
2. the applicant stated that the proceedings before him, SP. zn. 36 C 338/2005
the lawsuit, which the judge of the municipal court in Brno. (D) seeks to.
Czech Republic-Municipal Court, in payment of a sum of 16 300 Czk
entitlement to payment of the salary within the meaning of section 28 to section 31 of the Act No.
236/1995 Coll., on salary and other terms associated with the performance of
functions of the representatives of State power and some State authorities and judges and
members of the European Parliament, in the version applicable at the material time (
also the "law on salary of the representatives of the State power") and the reimbursement of expenditure in the
the meaning of § 32 paragraph. 1 (a). and this law, and) that for the month of January 2003, and
January 2004. The applicant claimed that in the proceedings in the pay dates
set out on 16. February 2003 (January 2003) and 17. February 2004 (for the
January 2004) has not been paid his full salary and full reimbursement of expenses.
3. the applicant in the proceedings came to the conclusion that the provisions referred to in
the proposed small print (see point 1.), which ultimately
led to the freezing of salaries from 1. and from 1 January 2003. January 2004 and that
to be in solving things sp.. 36 C 338/2005 applied, are in breach of
with the article. 1 (1). 1 in conjunction with article. paragraph 82. 1 of the Constitution and with article. 1 of the Charter
fundamental rights and freedoms (the "Charter"), because the freezing of salaries
There has been an undue interference with the judicial independence, namely then
into its components of the material to ensure the rights, respectively.
the judge on the material security of its judicial independence. Therefore,
proceedings and the proposal made by the Constitutional Court for their annulment.
4. The petitioner argued that material to ensure the independence of the
the judge is one of the guarantee of an impartial and fair decisions about
rights and law-protected interests of the people. Therefore the salary shall not be
the Affairs of the judges moving factor whose development is dependent on the
the imagination of the Government. Remuneration of judges,
who are an apolitical constitutional factors, must be in accordance with the appellant's
stable and ad hoc nesnižovanou, respectively, must be independent of the
the imagination of the Executive and the legislature based on politically
motivated goals and views. With regard to the principle of the separation of powers and the principle of
the independence of the judicial power, the legislature cannot access platovým
restrictions for judges according to the same principles and objectives as is the case in other
the areas of the public sphere. The material security of judges, the law guarantees
and the Constitution, therefore, may be justified by the intervention of the security only in this
quite exceptional circumstances. Even if such exceptional circumstances
There would have to be taken of the diversity of the judiciary from the Executive
and legislative.
5. The legislature, however, upon the adoption of the contested provisions of the proposal
the principles have not been driving. According to the appellant there in 2003 as a result of
the provisions of (the contested under the point and small print) § 1 (b). (h)) Law No.
425/2002 Coll., amending, for the year 2003 provides special measures in
determining the amount of the salary and some expenses related to the performance of
functions of the representatives of State power and some State authorities, judges and
prosecutors, and fixing the amount of these persons, other salaries
for the first and second half of the year 2003 ("the law of the extraordinary
the salary measures for 2003 ") to freeze the salary by the legislature
stated that in 2003, will be used for the salary base of formal to
31. December 2002, and that as a result of changes to the regulation of pay scales
and the personal supplement made for staff of ministries, with effect
following the date of 31. in December 2002, the salary base in that
year does not increase. This freezing the salary of lawmakers also in section 3 of the
the cited law, according to which, in the period from the 1. January 2003 to 31 December 2004.
December 2003 shall not apply the provisions of section 3 (3). 3 of the law on salary
representatives of the State power.
6. As a result of the contested provisions remained the same in the salary base
of 46 500 CZK per month, although should increase to 50 180 Czk, and replacement
cash expenditures in the amount of Czk 2 600, although it should increase to 2
800 CZK per month; as a percentage of base salary should increase to 7.91% and
replacement cash expenses of 7.69%.
7. the applicant stated that according to the explanatory memorandum to the law on extraordinary
the EU measures for the year 2003 and the representatives of the Governments of the
When discussing this proposal, the law was his order to ensure
the proportionality of the salaries of the employees of the public administration and services, and
representatives of the State power, some State authorities, judges and State
representatives and exercise solidarity with the citizens affected by the floods.
According to the appellant, however, this was challenged by the stated intention. With
effect from 1. January 2003 there was an increase in the scale of pay scales
employees of the public sphere and the State budget for the year 2003 (Law No.
579/2002 Coll. on the State budget of the Czech Republic for the year 2003) with
the increase in payroll funds intended for these employees;
the appellant pointed to the Government Regulation No 582/2002 Coll., regulation of the Government
No 583/2002 Coll. and regulation of the Government No. 584/2002 Coll. [Government Regulation
No 582/2002 Coll., amending Decree-Law No 253/1992 Coll., on the
the emoluments of the employees of State administration bodies, certain other
authorities and municipalities, as amended, regulation of the Government No. 583/2002
Coll., amending Decree-Law No. 251/1992 Coll., on salaries
the emoluments of the employees of the budget and certain other organisations, in
as amended, and Regulation No 584/2002 Coll., which
Government Regulation No. 79/1994 Coll., on the emoluments of staff
the armed forces, security forces and services, customs administration authorities,
members of the Corps fire protection and employees of certain other
organisations (staff salary regulations), as amended.]
8. In 2004, the appellant again freezing salaries in
due to the design of the contested provisions (point II of the small print) § 1 (b). I) and section
3 of the law No 427/2003 Coll., amending, for the year 2004 an extraordinary
measures in determining the amount of the salary and certain compensation expenses related to
the performance of the functions of State power officials and some State authorities,
members of the European Parliament, judges and prosecutors, the above
the next salary these people in the first half of 2004, and amending
some related laws (Act on the extraordinary step
measures for the year 2004 "), which was anchored in the salary base to 31.
December 2003. By the contested provisions § 1 (b). h) and section 3 of the
the law on special measures increases for the year 2003 was the salary
base on 31 December 2001. December 2003, the same as the base salary at the date of
December 31, 2002.
9. As a result of the provisions of the contested under point (II) small print to pay
the base has not increased, although the amounts should increase from 50 180 Czk (salary
base to 31. December 2003 established without taking into account the previous
freeze) on the amount of Czk 59 180, and not increased nor refund of finished
expenditure, although the increase of the amount of Czk 2 800 (replacement of finished
expenditure as of 31. December 2003 established without taking into account the previous
freeze) on the amount of the 3 300 CZK per month; as a percentage of salary should be
the base increase by 17.93% and recovery cash expenses of 17.86%.
10. In this case, the appellant stated, according to the explanatory memorandum
the law on special measures increases for 2004 and
representatives of the Government when discussing this draft law his goal
to ensure proportionality in the amount of the salaries of public employees and the
services and representatives of the State power, some State authorities, judges and
prosecutors and exercise solidarity with the citizens of the affected
the floods. According to the appellant, however, was declared the intention of the
calling into question. With effect from 1 January. January 1, 2004, namely, an increase in
scale of pay scales of the staff of the public sphere and the State budget
for the year 2004 (Act No. 457/2003 Coll.) counted with the increase in the wage
funds for these workers; the appellant pointed to the
Government Regulation No 330/2003 Coll., determining the emoluments of the employees in the
public services and administration.
11. The proposal to repeal the provisions of part one, article I, sections 1, 2, 4, 5
and 6 of law No. 626/2004 Coll., concerning judges of the district, regional and
the High Court, Supreme Court and Supreme Administrative Court [section 1
(a). I) Law No 427/2003 Coll.] -point (IV) small print-justify
the appellant, by these provisions the adoption of the amendment to the Act has occurred
No 427/2003 Coll. concerning the freezing of salaries for the years 2005 and 2006. With
regard to the requirement of the internal consistency of the proposal, and the principle of legal
Security suggested their repeal, as otherwise would have remained in the legal order of the
the provisions governing the freezing of salaries in 2004.
12. Under point (III) small print with the appellant demanded the repeal of the provisions
of the thirty-third, article XXXIII, Act No. 309/2002 Coll., amending
laws related to the adoption of the Act on the service of civil servants in the
the administrative offices and the remuneration of these staff, and other
employees in the administrative offices (business law), if the concerns of the judge
District, regional and High Court, Supreme Court and Supreme
Administrative Court [section 1 h) of the Act No 236/1995 Coll.-note. Red: in
force at the time of submission of the proposal, now (c). (g))], which occurred with the
effect from 1. January 2004 to amend the provisions of section 3 (3). 3 the law on the
the salary of the representatives of the State power. Instead of the existing calculation method
the salary base as a summary of the highest step of the scale and the maximum
the amount of the surcharge laid down specific legal personal prescription for
staff of the ministries to establish base salary in the amount of
three times the average nominal monthly wage for natural persons in
non-business sphere achieved according to the data published by the Czech
the Statistical Office for the year before the calendar year. Proposal to repeal
These provisions justify the applicant that in the event of compliance with the
the proposal under point (II) small print there would be to eliminate the wage freeze
base from 1. January 2003, thereby automatically has the base salary
starting from 1 January 2005. January 2004 determined under the new calculation method. So
According to the appellant, that the base salary would be from 1. January
2004 the amount was Czk 46 026 (three times the average nominal monthly wages
of natural persons in the non-business sector in 2002, according to the publication
The Czech Statistical Office No. 3106-04, annex 2). the amount of the
28.58% lower than the amount of Czk 59 180, how much would the salary base
without taking into account the freezing of salaries and to a new way of calculating it.
The real decrease in the salary of a judge by almost one-third would be according to the
the appellant obviously unconstitutional.
13. The claimant also pointed out in the case-law of the Constitutional Court concerning the
the issue of material security of judges, specifically on the findings of the sp.
Zn. PL. ÚS 11/02 of 11 March. June 2003 [collection of findings and resolution
The Constitutional Court (hereinafter referred to as "Collection decision"), volume 30, finding no 87,
promulgated under no. 198/2003 Coll.], SP. zn. PL. TC 34/04 of 14 June. July
2005 (promulgated under no 355/2005 Coll.), SP. zn. PL. ÚS 43/04 of 14 June.
July 2005 (promulgated under no. 354/2005 Coll.), and SP. zn. PL. ÚS 9/05 of
on 14 June 2004. July 2005 (promulgated under no. 356/2005 Coll.).
II.
The conditions of the appellant's evidence is active
14. The Constitutional Court first dealt with the question of whether the applicant is-
The city court in Brno-entitled to a proposal to repeal the contested provisions
the lodge. The appellant stated that the contested provisions must apply in
civil proceedings on the application for the payment, because of the contested
provisions, with claims about their neústavnosti, of the plaintiff-the judge
The municipal court in Brno-based his alleged claim against Czech Republic
-The municipal court in Brno, the Constitutional Court checked this claim from the file
The municipal court in Brno, SP. zn. 36 C 338/2005. Proposal for municipal court
Brno is connected with his decision, therefore, the activities and, therefore, is this Court
authorized by the applicant in accordance with article. paragraph 95. 2 of the Constitution and § 64 paragraph. 3
the law on the Constitutional Court.
III.
The progress of the proceedings and a recap of the observations of the parties and other
bodies according to section 48 and 49 of the Act on the Constitutional Court
15. the Constitutional Court challenge filed pursuant to section 69 of the Act on the Constitutional Court
the mouth of the then President of PhDr. Lubomir Zaorálka comments
The Chamber of deputies of the Parliament of the Czech Republic, which is the judicial
the independence of the mainly legal principle and the Institute, not the independence of the
absolute and has its limits. Therefore, the only protection against allows interference,
influences and effects, which are punishable by law. It is not in its
power to exclude the General determining influences acting on judge
as on any other man (the influence of the environment, education, training,
the character, etc.), or the fact that the judge is part of the State
the mechanism is not isolated, but exists within a system.
The particular edit to the existence of this system must be taken into account, it cannot
ignore. The purpose of the adjustment was received mainly expressions of certain
solidarity with the employees paid from public sources and not attack
against judicial independence.
16. The Senate of the Parliament of the Czech Republic through the mouth of its President MUDr. Přemysl
Sobotka in his comments on the observations referred to things
discussed at the Constitutional Court under the SP. zn. PL. TC 34/04 and PL. TC 43/04
cited above, which concerned the law No 425/2002 Coll. and 427/2002 Sb.
Added that in virtually all cases, the negotiation of these laws in the
The Senate, which should occur according to necessary--
austerity in the salaries of the modified law no 236/1995 Sb.
was discussed how the effectiveness and validity of such adjustments, and
possible doubts about the acceptability of these adjustments in relation to judges with
regard to known at that time (and differing) opinions of the Constitutional Court in the
cases of restrictions of other salaries. None of the proposals discussed
laws, if related to the determination of the level of the base, but in the Senate
nepřevážil opinion that could go about editing in conflict with constitutional
policy of the Czech Republic.
17. the proposal to repeal section, since the thirty-third article. XXXIII of the law
No. 309/2002 Coll., i.e.. Edit section 3 of law No. 236/1995 Coll., pointed out the Senate
the fact that the cancellation of the proposed provisions would be brought on the State, in
which for the judge of the district, regional and High Court, Supreme
the Court and the Supreme Administrative Court, there was no legislation
defining the base salary, which is necessary for the determination of the amount of the salary and
refunds of expenditure, as referred to in ustálenéjudikatury of the Constitutional Court "cancellation
protiústavního the provisions of the Act, the provisions of the earlier neožívá
was unconstitutional provisions repealed or amended "; The Senate referred to the
the finding of the Constitutional Court promulgated under Act No. 95/2002 Coll. [SP. zn. Pl. ÚS
21/01 (a collection of decisions, volume 25, finding no. 14)] and 4/2003 Coll. [sp.
Zn. PL. ÚS 6/02 (collection of decisions, Volume 28, finding no. 146)].
18. According to § 49 paragraph. 1 of the law on the Constitutional Court addressed the Constitutional Court and the
The Ministry of Justice and provided him with the opportunity to design
expressed.
19. The Minister of Justice. Pavel Němec in his expression of
April 12, 2006 said that, in General, is not a fan of freezing or
withdrawing the salaries of the judges and other formalities associated with the exercise of
judicial function. He stated that the salary base, and therefore the salary
the judge could, even if only in theory, fall under the previous legal
editing for example. as a result of changes in government regulations implementing the law
No 143/1992 Coll., as amended, laying down
the salary scales and the amount of the surcharge for the employees in the personal, public
services and administration. According to the current legislation may result in a decrease in the
If declined, the average nominal monthly wage for natural persons
in non-business sphere, i.e., without a change in legislation
claims of judges of law no 236 modified/1995 Coll., as amended
regulations.
20. The Minister of Justice noted that the Constitutional Court is to
assess whether or not the legislature is entitled to in relation to the development of
the State of the public budgets in the Czech Republic and the development of the income of the sessions
by law, limited to a specific period of time increasing the salaries for a particular group
people without it, in the case of the judges of the inadmissible restriction of the principle of
their independence. He declined, however, as unacceptable the view that the rate of
the independence of the judge, without regard to any existing objective
circumstances, directly dependent on the amount of tangible security.
21. In conclusion, he recalled that on the basis of the findings of the Constitutional Court
under the announced no. 354-356/2005 Coll. were judges paid supplements
additional salary for the I and II. half of 2003 and the first half of 2004 and the
additional salary for II. half of 2004. With effect from 1 January. January 2005
was based on the law No. 626/2004 Coll., amending certain laws in the
following up on the implementation of the public finance reform in the area of remuneration,
among other things, to increase the salaries of judges, when there was an increase of pay
the coefficients that reflect the earlier more salaries, and to
the increase in the salary base. In this situation, the Minister of Justice has called
for unconstructive again returning to negotiating salary claims
judges from the years 2003 and 2004, when starting with 1. in January 2005, the situation is
stabilized.
22. The Ministry of Justice on the application under section 48, paragraph. 1 of the law
the Constitutional Court, the Constitutional Court provided information on the total annual
the income of a judge, including multi-purpose flat-rate compensation and other compensation, and
judge of the district, County, Supreme and Supreme Court (Supreme
Administrative Court) with the length of the practice from the beginning of the 6. year period and credited with
the length of the practice from the early 1930 's. the year used in the years 2001-2006 (with
extrapolating to the end of the year 2006):
2001 2002 2003 2004 2005 2006 *
the total annual income, including the flat-rate compensation of expenses
OS 6 572 200 626 800 636 0000 636 0000 645 600,682 800
30 of 841 0000 922 0000 935 600 935 600 948 0000 1002 0000
KS 6 618 400 679 0000 689 200 689 200 693 600,733 200
30 929 200 1 018 600 1 033 600 1 033 600 1 044 0000 1104 0000
VS 6 * 660 400 723 400 734 0000 734 0000 741 600,784 800
30 1 023 0000 1 120 800 1 137 200 1 137 200 1 147 200 1213 200
NS 1 023 0000 1 120 800 1 137 200 1 137 200 1 147 200 1213 200
This flat-rate reimbursement of expenses shall be
27 600 30 600 31 200 31 200 33 60036 0000
the judge with the length of the practice from 6.30, respectively. year period credited
* from 1. January 28. February 2002 the salary base for the year
2001 in the amount of Czk 41 780
from the 1. March to 31. December 2002 the salary base in
the amount of Czk 46 440 (67/2002 Coll.)
23. The municipal court in Brno mouthed his Vice-Chair. About the application.
pursuant to section 48, paragraph. 1 of the law on the Constitutional Court provided by the Constitutional Court
information on the total amount of the annual salary and allowances of a judge of the municipal court
in Brno with the length of the practice from the beginning of the 6. the year used in the period 2001-
2006 (with extrapolation to the end of 2006), while additionally paid-
as a result of the previous findings of the Constitutional Court-additional salaries for the summer
2001 to 2004 are included for those years in which they were originally the law
withdrawn; the data are comparable with the information of the Ministry of justice are
highlighted in bold:
year salary (including other refunds
a total of
salaries) expense
2001 544 600 Czk
27 600 Czk
572 200 Czk
2002 596 200 Czk
30 600 Czk
626 800 Czk
2003 604 800 Czk
31 200 Czk
636 000 Czk
2004 604 800 Czk
31 200 Czk
636 000 Czk
2005 612 0000 Czk
33 600 Czk
645 600 Czk
2006 646 800 Czk
36 000 Czk
682 800 Czk
24. With regard to the information requested that the Minister of Justice and
the Chair of the municipal court in Brno, on the evolution of the salaries of judges in 2001
-2006 is part of the evidence in the present case, both the expression of
sent to the applicant and interested parties note together with the applications for
assent with the abandonment of the oral proceedings.
25. the applicant and the President of the Senate of the Parliament of the Czech Republic expressed
under section 44, paragraph. 2 of the law on the Constitutional Court with the consent of
the oral proceedings. The President of the Chamber of deputies of the Czech Parliament
the Republic of prompts that agrees with the abandonment of the oral proceedings, in
the prescribed time limit, thereby giving its assent to the abandonment of the oral
negotiations pursuant to § 101 paragraph. 4 of the code of civil procedure, in conjunction with § 44
paragraph. 2 and section 63 of the Act on the Constitutional Court expressed in silence.
IV.
The diction of the affected provisions of the Act and its legislative history
26. Under point I of the small print, the applicant seeks the annulment of the provisions of section 1 of the
(a). h) of the Act on special measures for 2003 step no. 425/2002
Coll. and section 3 of this Act, with regard to a judge of the district, regional and
the High Court, Supreme Court and Supreme Administrative Court [section 1
(a). h) Act No. 425/2002 Coll.], which reads:
"section 1
For the determination of salary and certain expenses related to the performance of functions
...
(h)), the regional judge and High Court, Supreme Court and the
The Supreme Administrative Court,
...
in 2003, applies salary base of formal to 31. December
2002. As a result of changes to the regulation of pay scales, and personal
the supplement made for staff of ministries, with effect
following the date of 31. in December 2002, the salary base in that
year does not increase.
...
§ 3
The provisions of section 3 (3). 3 of the law no 236/1995 Coll., on salary and other
terms related to the performance of functions of the representatives of the State power and
some State authorities and judges, and the provisions of section 3 (3). 3 of Act No.
201/1997 Coll., on salary and some other aspects 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, in the period from
1 January 2003 until 31 December 2004. December 2003 shall not apply. "
27. According to the explanatory memorandum to the Government a draft law, which was finally
approved and promulgated under no. 425/2002 Coll. (URwww.psp.cz), the law No.
236/1995 Coll. based automatic method of raising the salary base
failed, because the leads in its development to the secession of a percentage
increase of the salaries of the employees and the salaries of the above-mentioned persons and to speed up
refunds of expenditure growth, than what would match the development of consumer prices
and overall inflation. In addition, in the context of the economic situation
suffered as a result of the floods in August this year, according to the Government
necessary for the implementation of the new shunt šestnáctitřídního
the pay system for employees of the public service and administration, and the level of
their salaries increase in a much smaller scale than was originally in spending
the draft State budget for the year 2003. Even this minimum
the increase in the current way of determining salary
the base resulting in disproportionately high increase in salaries and certain refunds
provided by the representatives of the State power, some State authorities,
judges and prosecutors, which reached the level of income of such persons
cannot be considered as correct nor fair. The representative of the petitioner,
the Minister of labour and Social Affairs, Zdeněk Škromach, when discussing
the Bill in the House of representatives 13. September 2002 stated that this
the draft law will freeze the salaries of the members above, senators, members of the Government,
judges, prosecutors and other persons at the level achieved in
2002, thereby avoiding further segregate the level of these persons from the level
the salaries of employees in public services and administration, and it's up to the effectiveness of the
a new method of determining the amount of the wage base, that the development of salaries
representatives of State power and some other people from the year 2004
backs and adapt to the evolution of salaries funded from public sources. In
during the consideration of this Bill in the House of nothing
another of the party's MPs were not applied in the classroom, or amendment
the proposals. The Senate Bill did.
28. Under point (II) small print the applicant seeks the annulment of the provisions of section 1 of the
(a). I) of the Act on special measures for 2004 step no 427/2003
Coll. and the provisions of sections 3, 4, of this Act, as they relate to the judge
District, regional and High Court, Supreme Court and Supreme
Administrative Court [section 1 (b) (i)) Law No 427/2003 Coll.]. At the time of submission of the
the design was the original text of the law No 427/2003 Coll. prejudice few changes;
as regards the contested provisions were changes made to the article. I, points 1, 2,
4 and 6 of law No. 626/2004 Coll., amending certain laws in the wake of the
implementation of the public finance reform in the area of remuneration (which are
also the subject of the design themselves under point IV of the small print), so the sounds (in brackets
italic text is given in the text of the provisions before amendment carried out
Law No. 626/2004 Sb.):
"PART OF THE FIRST
The AMOUNT of the SALARY BASE for the YEAR 2004 and the amount of ADDITIONAL SALARY for the FIRST
HALF-YEAR 2004
(The AMOUNT of the SALARY BASE for the YEARS 2004, 2005 and 2006 and the amount of OTHER WAGES
For the first and second HALF of the YEARS 2004, 2005 and 2006)
§ 1
For the determination of salary and certain expenses related to the performance of functions
...
and the judge of the district, the regional), and the High Court, Supreme Court and the
The Supreme Administrative Court,
...
in 2004, the wage base used in the amount of the obtained by
special legal regulation ^ 1) 31. December 2003.
(in the years 2004, 2005 and 2006 shall be used for the salary base of
achieved by special legal regulation ^ 1) 31. December 2003.)
...
§ 3
The provisions of section 3 (3). 3 to 5 of law no 236/1995 Coll., on salary and other
terms related to the performance of functions of the representatives of the State power and
some State authorities and judges, as amended by Act No. 309/2002 Coll., and
the provisions of section 3 (3). 3 to 5 of the Act No. 201/1997 Coll., on salary and some
other aspects of the prosecutors and amending and supplementing Act No.
143/1992 Coll., on salary and remuneration for stand-by duty in budgetary and
in certain other organisations and bodies, as amended
the regulations, as amended by Act No. 309/2002 Coll., in the period from 1. January 2004
until 31 December 2006. December 2004
(until December 31, 2006)
does not apply.
PART THE SECOND
The amendment of the law on salary and other terms associated with the performance of the functions
representatives of State power and some State authorities and judges
§ 4
In section 3, paragraph 3. 4 of law No. 236/1995 Coll., on salary and other terms of
associated with the performance of the functions of representatives of State power and some
State authorities and judges, as amended by Act No. 309/2002 Coll., the number
"2004" is replaced by "2007", "2003" is replaced by
"2006", "2001" is replaced by "2004" and the number "2002"
is replaced by "2005".
1) Law No 425/2002 Coll., amending, for the year 2003 provides exceptional
measures in determining the amount of the salary and certain compensation expenses related to
the performance of the functions of State power officials and some State authorities,
judges and prosecutors, and fixing the amount of such persons
other salaries for the first and the second half of 2003.
29. Under point (III) small print the applicant seeks the annulment of the provisions of
the thirty-third, article XXXIII, Act No. 309/2002 Coll., concerning
the judge of the district, regional and High Court, Supreme Court and the
The Supreme Administrative Court [section 1 h) of the Act No 236/1995 Coll.-note.
Red: as in force at the time of submission of the proposal, now (c). (g))]
added:
"PART OF THE THIRTY-THIRD
The amendment of the law on salary and other terms associated with the performance of the functions
representatives of State power and some State authorities and judges
Article. XXXIII
Act No. 237/1995 Coll., on salary and other terms associated with the
the performance of the functions of State power and some of the representatives of State authorities and
judges, as amended by Act No. 138/1996 Coll., Act No. 287/1997 Coll., Act
No 155/2000 Coll. and Act No. 231/2001 Coll., is hereby amended as follows:
1. In article 3, paragraph 3, including footnotes, no. 1):
"(3) the salary base is from 1. January to 31. December calendar
year, three times the average nominal monthly wage for natural persons in
non-business sphere achieved according to the data published by the Czech
the Statistical Office for the year before the calendar year. The amount of the salary base
for the calendar year announced by the Ministry of labour and social
things in the collection of laws of the notice. ^ 1)
1) § 2 (2). 1 (a). e) of Act No. 309/1999 Coll., on the collection of laws and
The collection of international treaties. "
2. In section 3, the following paragraphs 4 and 5 shall be added:
"(4) from 1. January to 31. December 2004 is the sum of the amount of base salary
the salary base of formal to 30. June 2003 and absolute values
the annual increase in average monthly wages of individuals in
noncommercial sector identified from published data of the Czech
the Statistical Office for the years 2001 and 2002. In a similar manner shall be
the base salary for each of the following calendar year. The amount of the salary
the base for the calendar year announced by the Ministry of labour and
Social Affairs in the collection of laws of the notice. ^ 1)
(5) From the calendar year in which the amount of the salary base in accordance with
paragraph 3 has reached at least the amount of the salary base pursuant to paragraph 4, the
procedure referred to in paragraph 3. '. "
30. According to the explanatory memorandum of the thirty-third (in the draft law
originally thirty-fifth) is "the current method of determining the salary base
for the determination of the level of salary and certain refunds the constitutional factors, which
is the sum of the highest step of the scale and the maximum amount of personal
a surcharge laid down a special provision for staff of ministries,
legally problematic both because the law derives from claims
the implementing regulation issued by another law, and, therefore, that the de
facto executive power (Government) determines the claims representatives of legislative power.
... It is therefore proposed to change the method of establishing the level of the base so that the
create a stable link between the salaries of constitutional factors and the development of
wages in the non-business sphere. In relation to the possibilities of differentiation in the
salaries of employees can be considered an appropriate session level
the base of the average wage in the noncommercial realm of three times.
However, since the current level is above the base of the higher (makes 3, paying)
It is proposed that for the next years was based in the determination of salaries
constitutional factors from the formal level of the wage base that would
year on year increase of the same amount, which will increase the average wage in
non-business sphere. From the year in which the value of the times
the average wage in the noncommercial realm higher than the salary base
determined in the manner provided for a transitional period, no longer will pay
automatically increase year on year, base on three times the absolute value of the
the annual increase in average wages in the non-business sphere ".
31. Finally, under point IV of the small print, the applicant seeks the annulment of
the provisions of the first part of article I, sections 1, 2, 4, 5 and 6 of Act No. 626/2004
Coll., concerning the judge of the district, regional and High Court,
The Supreme Court and the Supreme Administrative Court [section 1 (b) (i)) Law No.
427/2003 Coll.], which reads:
"PART OF THE FIRST
Change the law for the years 2004, 2005 and 2006 Special
measures in determining the amount of the salary and certain compensation expenses related to
the performance of the functions of State power officials and some State authorities,
members of the European Parliament, of judges and prosecutors
Article. (I)
Law No 427/2003 Coll., amending, for the years 2004, 2005 and 2006
extraordinary measures in determining the amount of the salary and certain expenses
associated with the performance of the functions of representatives of State power and some
State authorities, members of the European Parliament, judges and State
representatives of the above other salaries of these persons for the first and second half years
2004, 2005 and 2006, and amending certain related laws, in
amended by Act No 359/2004 is amended as follows:
1. in the title of the Act, the words "years 2004, 2005 and 2006" shall be replaced by the words
"2004" and the words "other salaries of these persons for the first and second half of the year
the years 2004, 2005 and 2006 "shall be replaced by the words" further the salary of these persons for the
the first half of the year 2004 ".
2. In the title of the first section, the words "years 2004, 2005 and 2006" shall be replaced by
the words "2004" and the words "other salaries for the first and second half years
2004, 2005 and 2006 "shall be replaced by the words" further the salary for the first half
2004 ".
...
4. In section 1, the words "in the years 2004, 2005 and 2006" shall be replaced by the words "in the year
2004 ".
5. In section 2, the words "and the second half of the years 2004, 2005 and 2006" shall be replaced by
the words "half of the year 2004".
6. In section 3, the number of "2006" is replaced by "2004." "
32. According to the explanatory memorandum to the Government a draft law, which was finally
adopted and promulgated under no. 626/2004 Coll., the purpose of this modification is to cancel from
in 2005, the Institute of the so-called. further salary and all its forms from
the resources of the public finances and to compensate for the abolition with effect from
January 1, 2005 in the form of an increase in monthly pay scales in the range
corresponding to an average of one twelfth of one additional salary which
otherwise provided in 2005. A similar procedure was designed for
the representatives of State power, some State authorities, for the judge and the
State representative.
In the.
The constitutional conformity of the legislative process
33. Pursuant to section 68, paragraph. 2 of the law on the Constitutional Court, the Constitutional Court has, in addition to
assessment of compliance of the contested law with constitutional law, to determine whether
He was accepted and published in the limits of the Constitution laid down the competence and constitutionally
in the prescribed manner.
34. Given that the applicant did not defect to the legislative
process, or breaching the Constitution laid down the competence of the legislature, is not
with regard to the principles of procedural economy to examine this question more closely
and will the formal verification during the legislative process of publicly
the available information resources on www.psp.cz.
35. The Constitutional Court, it found that the Bill, which was then
promulgated under no. 626/2004 Coll. (the printing of 680 Chamber of Deputies
2002-2006), it was after the Senate returned to the Chamber of Deputies
the amendments, approved by resolution No. 1395 to 38. the meeting of the
The Chamber of Deputies the day 26. November 2004, in the version approved by the Senate,
When the 187 present deputies voted for the proposal, 109 against 57. Law
He was signed by the respective constitutional actors and was announced in the amount of 212
Collection of laws, which was circulated to 10. in December 2004, under the number
626/2004 Sb.
36. The draft law, which was promulgated under no. 309/2002 Sb.
(print 794 Chamber of Deputies 1998-2002), he was then what it
The Senate returned the Chamber of Deputies with amendments, approved by the
resolution No. 2318 to 51. a meeting of the Chamber of Deputies the day 13. June 2002
in the version approved by the Senate, when MPs from the 171 votes
for design 95, against 52. The law was signed by the respective constitutional
agents and was declared in 114 collection of laws, which was
circulated to 12. July 2002, under the number 309/2002 Sb.
37. The Constitutional Court notes that law No. 626/2004 Coll. and 309/2002 Sb.
have been received and issued within the limits of the Constitution laid down the competence and constitutionally
in the prescribed manner, or that, in this proceeding did not detect anything
spoke for the opposite conclusion.
38. The constitutional law konformitu the legislative process the Parties No 425/2002
SB. detect the Constitutional Court already in proceedings under the SP. zn. PL. TC 34/04 and
He came to the conclusion that this law was adopted and published within the limits of the Constitution
established competence and constitutionally prescribed way (find SP. zn. PL.
TC 34/04 of 14 June. July 2005). Also the constitutional konformitu
the legislative process of the parties law No 427/2003 Coll., he found Constitutional
the Court in the proceedings already under SP. zn. PL. ÚS 43/04, and came to the conclusion that this
the law was enacted and issued within the limits of the Constitution laid down the competence and
constitutionally prescribed way (find SP. zn. PL. ÚS 43/04 of 14 June.
July 2005). On both the findings of the Constitutional Court in brief references.
VI.
Evaluation of the Constitutional Court
39. the applicant concludes that the challenged statutory provisions in brief
restricting the salaries of judges are speaking rozpornou with the provisions of the article.
1 (1). 1 of the Constitution, according to which the Czech Republic is a sovereign, unified and
the democratic rule of law based on respect for the rights and freedoms of man and the
citizen, in conjunction with article. paragraph 82. 1 of the Constitution, according to which the judges are at the
the independent performance of their functions and their impartiality must not threaten no one,
and with the article. 1 of the Charter, which provides that people are free and equal in
dignity and rights and that the fundamental rights and freedoms are inalienable,
inalienable, nepromlčitelné and irrevocable. In the opinion of the constitutional
the Court, while the provisions of the article. 1 of the Charter applicable to the case apparently
There is no justification for the proposal and would respond to the rather voucher for violation of article. 2
paragraph. 1 of the Constitution, which reflects the principle of the Division of State power on power
legislative, Executive and judicial, but it is not for the assessment of the proposal
essential due to the commitment of the Constitutional Court, not the design petitem
his reasoning.
40. The Constitutional Court has already dealt with several times in its decisions,
put simply, the question of the pay restrictions against judges. Now it is
The Constitutional Court again confronted with this problem, it is therefore appropriate
the existing precedents briefly recalled.
The relevant case law of the Constitutional Court
41. In the derogačním finding SP. zn. PL. ÚS 13/99 of 15 December 1999. September 1999
(A collection of decisions, volume 15, finding no 125, no. 233/1999
SB.) The Constitutional Court on the proposal of the District Court for Prague 4 set aside the part of the
the provisions of section 1 of Act No. 268/1998 Coll., on the withdrawal of the additional salary for
the second half of 1998, representatives of the State power and to some
State authorities, judges, prosecutors and members of the Presidium of the Commission
for securities, the provisions governing the withdrawal further salary
the judges for the second half of 1998. The main reason for this award was the argument
the principle of judicial independence, the Court within whose framework i put my
"aspects of material nature". Another argument became a voucher for
the diversity of the constitutional position of the judges on the one hand, and representatives of the
the power of the legislative and the Executive, in particular, of the State administration, on the other hand.
42. The discovery of 3. July 2000, SP. zn. PL. ÚS 18/99 (collection
the decision, volume 19, finding no. 104, declared under no 320/2000 Sb.)
The Constitutional Court of the municipal court in Brno on the cancellation of part of the provisions of section
4A law no 236/1995 Coll., as amended by law no 287/1997 Coll.,
relating to the withdrawal of an additional salary of judges for the second half of 1997,
rejected. Even the award while stressed that judicial independence
represents one of the fundamental democratic values, which
ensure the material security and certainly helps the judges. He considered
while essential to the salaries of the judges of the other organs of State power
the renditions, in whatever form, arbitrarily and repeatedly. For
rozhodovaný case but the intervention of the legislature by the constitutional character of arbitrariness
the Court showed.
43. On the same day, i.e.. July 3, 2000, the Constitutional Court finding SP. zn. PL.
TC 16/2000 (a collection of decisions, volume 19, finding no 105, no.
321/2000 Sb.) rejected a proposal of the District Court in Hradec Králové on
cancellation of part of the provisions of section 1 of Act No. 308/1999 Coll., on the withdrawal of other
the salary for the second half of 1999 and for the second half of the year 2000
the representatives of State power and some State authorities, judges,
prosecutors and members of the Presidium of the Securities and Exchange Commission, and that
the provisions governing the withdrawal of additional salary for the judges in the second
half of 1999 and the year 2000. Has not changed the fundamental point of departure
assessment of the problem.
44. On 11 July. in June 2003, the Constitutional Court on the proposal of the municipal court in Brno
finding SP. zn. PL. ÚS 11/02 (see above) set aside the portion of the provisions of section 1 of the
Law No. 416/2001 Coll., on the withdrawal of the additional salary for the second half of the year
2001 and the determination of the amount of additional remuneration for the first and second half of the year 2002
the representatives of State power and some State authorities, judges,
prosecutors, members of the Presidium of the Securities and Exchange Commission, the representatives of the
The Ombudsman and members of the Bank Board of the Czech National Bank, and
It governs the withdrawal of additional salary for the judges in the second half of the year
2001 and reducing additional salary for the first and the second half of 2002 on the
the amount of half of the amount to which they would otherwise be entitled.
45. the change under consideration in the legal arrangements applicable to the platovým conditions
the judges of the Constitutional Court considers exceeded constitutional limits for the
acceptance of the "uniqueness" of the Act, which was to withdraw the next salary
the judges of the Court, as defined in previous decisions. Said
further, if exceptional circumstances accentuate the principle
equality in the area of restrictions in the remuneration of public servants,
constitutional factors and judges before principle comprehensively understood
the independence of the judges, this session does not apply both principles in General as
once and for always and in all circumstances. On the contrary, remuneration
the judges in the broad sense to be stable, nesnižovatelnou
rather than moving the factor with which to compute this or that Government clusters
for example. Therefore, the salaries of judges seem to him too high in comparison with the
the salaries of civil servants or compared to another professional group.
In other words, if you can accept the application of the principle of equality in the above
that sense of what an exceptional reduction to economically reasoned salaries
all, you cannot accept the equality of all of the above mentioned groups (or as
the target category) to the final amount of the salaries. The pursuit of such
equality stray from the category the constitutionality, it is a political objective, which
does not have a foothold in the constitutionally understood the principle of equality. This principle is found in the
material terms of their boundaries in terms, according to which "the same shall not
be adjusted arbitrarily, unevenly, but it must not be the sole
adjusted arbitrarily as well ". The principle of equality cannot be understood as a
standardisation in the result, but it should be interpreted as a guarantee
the same starting chances. However, the principle of equality laid out as follows
the legislature according to the beliefs of the Constitutional Court in section 1 of the Act. No 416/2001 Sb.
obviously to comply with. The Constitutional Court in finding SP. zn. PL-11/02
formulated the generalizing maximum, according to which the principle of equality in the field of
restrictions in the remuneration of public servants, constitutional factors and
judges can be emphasized before the principle comprehensively understood independence
judges in wholly exceptional circumstances, and this defined the scope of the constitutional
conformity to the salary restrictions against judges. In this context, it considers the
The Constitutional Court considers necessary to point out that the reasoning of the award SP. zn. PL.
TC 11/02 summed up the basic principles of the relation of legislative and executive power in the
environment of the democratic State, which became the starting point and the
for making decisions in this matter plenum (see paragraph 49).
46. Finally, 14. July 2005 the Constitutional Court adopted three findings related to
the issue of the withdrawal of the so-called. additional salary for the judges. Finding SP. zn.
PL. ÚS 9/05 (see above), the Constitutional Court on the proposal of the municipal court in Brno
set aside the provisions of section 1 (b). h) of law No 590/2004 Coll., on the withdrawal of the
additional salary for the second half of 2004, representatives of the State power and
some State authorities, judges, prosecutors and members of
The European Parliament elected in the territory of the Czech Republic, i.e..
the provisions under which the withdrawal of additional salary for the second half
2004, apply to a judge.
47. The finding of the same day, SP. zn. PL. TC 34/04 (see above), the Constitutional Court on the
the design of the municipal court in Brno, set aside the provisions of section 2 of the Act No. 425/2002
Coll., concerning the judge of the district, regional and High Court,
The Supreme Court and the Supreme Administrative Court [section 1 h) of law No.
425/2002 Coll.], IE. the provisions, which were set for the year 2003
extraordinary measures in determining the amount of the salary and certain expenses
associated with the performance of the functions of representatives of State power and some
State authorities, judges and prosecutors, and those persons
establish the amount of the additional salaries for the first and the second half of 2003.
48. The third finding of the same day, SP. zn. PL. ÚS 43/04 (see above), the constitutional
the Court on the proposal of the municipal court in Brno, set aside the provisions of section 2 of Act No.
427/2003 Coll. as amended by Act No. 626/2004 Coll., concerning judge
District, regional and High Court, Supreme Court and Supreme
Administrative Court [section 1 (b) (i)) Law No 427/2003 Coll. as amended by Act
No 626/2004 Coll.], IE. the provisions, which were established for the year 2004
extraordinary measures in determining the amount of the salary and certain expenses
associated with the performance of the functions of representatives of State power and some
State authorities, judges and prosecutors, and the amount of additional salary for
the first half of 2004.
49. In the last three cited the findings enunciated the Constitutional Court with the
regard to the existing case-law and the comparative analysis of 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 defined by the principle of judicial
the independence,
-constitutional status of judges on the one hand, and representatives of the power
the legislative and the Executive, in particular, of the State administration, on the other hand,
due to the principle of the separation of powers and the principle of the independence of judges,
which implies a different layout and space for the legislature to platovým
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, on the basis of the principles of
proportionality, justified by exceptional circumstances, for example. burdensome
the financial situation of the State, and also for the fulfilment of this requirement shall be
take into account the difference in the functions of the judges and representatives of the power of the legislative and
the Executive, in particular, of the State administration; such action shall not give a reason for the
concern, without prejudice to the limitations of the dignity of judges [see recommendation
The Committee of Ministers of the Council of Europe (94) 12 of 13 June. October 1994].
If the expression is not constitutionally unacceptable pressure to be able to power the legislative and
the power of the Executive to court.
50. Is it to repeat the basic arguments that led to the Constitutional Court
the formulation of these theses. The Constitutional Court is based on the premise that the principle
an independent judiciary is one of the essential requirements
democratic rule of law (article 9, paragraph 2, of the Constitution). Request
independent of the judiciary stems from two sources: from the neutrality of judges, as
the guarantee of a fair, impartial and objective legal proceedings, and of the
ensure the rights and freedoms of the individual judge "odčleněným" from the political
to be able to. The independence of judges is guaranteed by a special legal guarantees
position (to be classified, the finality of the nesesaditelnost,
integrity), further guarantees of the organizational and functional independence
bodies representing the legislative and executive power in particular, as well as
separation of the judiciary from the legislative and executive power (in particular by the
principles of incompatibilities). In terms of subject matter, then the judicial
the independence of judges is ensured by law vázaností only, IE. the exclusion of
any of the elements in the first subordinace decision making.
51. The Constitutional Court has repeatedly explained that the intervention of the legislator in the area
material ensuring of judges (in other words, the wage restrictions) must be in the
the framework principle of their independence protected accommodated for two reasons.
The independence of the judges in the first place is conditional upon their moral integrity
and professional levels, but at the same time is linked with their appropriate
the material provision. This component of the principle of the independence of judges
He was enshrined in the Council of Europe Committee of Ministers recommendation (94) 12 of
13 October 1994 concerning the independence, efficiency and role of judges, according to the
which is between the "proper working conditions" and "ensure the ranks of the judges
the adequacy of the remuneration of the judges and the position with regard to the dignity
their profession and work load "(principle III, paragraph 1b). Similar to the
the Maxima is contained in the article. 6.1 the European Charter on the Statute for judges,
adopted by the participants in the multilateral meetings organized by the Council of Europe
in the days of 8. up to 10. in July 1998, according to which the judges of the profession have the
the right to salary, the amount to be fixed so that it is protected
facing pressure to influence their decisions and generally affect
their behavior when finding rights, which could be threatened by their
independence and impartiality. The second reason of the prohibition of arbitrary podřazení
to the material to ensure the judges (the pay restrictions) within the framework of
the principle of their independence is to exclude the possibility, the eventuality of coercion
the power of the legislative, Executive or in 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 Executive, the legislative and
and thus the forms of coercion on their decisions.
Own assessment of the constitutionality of the contested provisions of the Act
52. As of the current case-law of the Constitutional Court's recap of the obvious,
The Constitutional Court has not yet dealt with cases where the judges was in 1997 when
2004, together with other representatives of the State power, once odnímán,
respectively. reduced the so-called. additional salary, which by the end of 2004, formed one of the
nárokových components of the remuneration of a representative of State authority for the execution of the function. In
as a result of these interventions was repeatedly, "extremely" and annually in
from 1997 to 2004, reduced the total total annual salary of a judge. The judges
was odnímána. reduced one of the nárokových components of the remuneration,
without this reduction was offset by the increase in other nárokové folder.
Such salary restrictions, except for two exceptions, the Constitutional Court found
protiústavními, as rekapitulováno above.
53. In the present case, however, is now the Constitutional Court confronted on
first look with different situations. It's not about the reduction or withdrawal of other
the salary or other remuneration nárokové judge for the execution of the function, as in
cases, but about the measures, which in 2003 and 2004
reduced the growth rate of the salaries of the judges of the
(the salaries have been frozen, in other words). The Constitutional Court must, therefore, first
to answer the question whether in this case, you can even talk about salary
restriction to the judges within the meaning of the existing findings.
54. The structure of the remuneration of representatives of the State power, including the judges in the
the law on salaries of Heads of State power is quite complicated.
Regular intake of judges consists of salary paid monthly, in the
the end of the year 2004, the judges received two salaries in the amount of
monthly salary, payable in the first and second half of the calendar
of the year. In addition to the salaries of judges per month will receive convertible flat-rate compensation
the expenditure. It has the character of remuneration for the performance of functions, but for her
the regularity, nezúčtovatelnost and financial form of Constitutional Court for her
the purposes of quantifying the material ensuring of judges will be assessed as a
part of the regular income of the judge. This, of course, does not apply to
share the performance and compensation of the proven expenses, which do not have the character of a
the remuneration for the performance of functions, are not quantifiable financial amount, respectively.
they are granted irregularly, and against the Bill.
55. For the determination of the impact of the contested statutory provisions into the material
the security of judges should be based on the total of regular income of judges
in the calendar year; monthly revenue already with regard to the existence of other
salaries paid only in certain months of the year, moreover, cannot be compared
economic, fiscal and tax system is naturally built on
the cycle of the calendar year. Quantification of material security of judges in
the form of the sum of their income in the calendar year for the Constitutional Court
the basic criterion to determine whether as a result of measures in the sphere of
the remuneration of the judges there, or not pay restriction. For pay
restriction, in accordance with the findings of the Constitutional Court, it is necessary to
consider the measures, when judges is withdrawn or reduced such folder
Rewards (e.g. additional salary), without this withdrawal or reduction was
offset by increases in other nárokové components of remuneration. For another form of
the salary, however, is to be considered as restrictions and the freezing of the law
the anticipated income growth of judges or other constitutional factors,
While for example. "permanent" freezing the salaries of some of the leaders of the State would
The Constitutional Court is undoubtedly a step judged constitutionally illegal.
56. From the evidence showed that the income of a judge in the reference period from
2001 to 2006 from degrading. On the contrary, the annual income of a judge, and
even in 2003, compared with 2002, although the judge for
the year 2003 was influenced by the law of the extraordinary step of the measures for the year 2003,
the constitutionality of the appellant under the point even questioned the small print. As a result of
the adoption of the law on special measures for the year 2004, the salary of the contested
under point (II) small print while receiving a judge in 2004 compared to 2003
has not increased, but neither has not fallen, which is from the perspective of existing Awards
The Constitutional Court is crucial. At the same time, it is obvious that the challenged
the legal provisions were not exposed to some of the nárokových folder
rewards, specifically was not reduced by the monthly salary, additional salary or
all-in-one flat-rate compensation in a given calendar year, compared
the status quo, without this reduction was offset by the increase in the
other nárokové components of remuneration.
57. The Constitutional Court on this point, recalls that the tenor of past
precedents is the proposition (principle), the remuneration of the judges in the broad sense
to be stable nesnižovatelnou quantity, unless a completely
the exceptional, the exceptional circumstances of the State. From the existing case law of the constitutional
the Court, however, cannot be inferred permanent and unquestionable right to
the annual growth of the salaries of the judges.
58. The Constitutional Court therefore concludes that the impugned statutory provisions under points
I and II do not constitute a restriction on salary, which would be in conflict with article.
1 (1). 1 (principle of democratic rule of law), article. 2 (2). 1
(the principle of the Division of State power) and article. paragraph 82. 1 (principle of independence
the judicial power) of the Constitution, as to stop the increase in the salaries of judges only
for one year. The Constitutional Court, however, Fowles did not with all the reasons that
legislative and executive power, led to the adoption of the contested legal
the provisions, in particular with the argument "to further segregate the" level of salaries
judges from the level of the salaries of employees of public services and administration. This
the argument does not hold water, even in comparison with other developed
democratic States.
59. In the line of the previous findings of the Constitutional Court considers necessary to express
his deep conviction that the unfortunate practice of "emergency", and yet completely
regular, measures in the field of remuneration of judges, which was after eight years
(1997 to 2004) The Constitutional Court has repeatedly confronted, is a thing of the past, which
is already coming back. In the present case, the Constitutional Court did not find that in the
as a result of the contested statutory provisions to reduce the material
the judges compared the State of security, it is clear that the constant
changes to the rules for the remuneration of judges for desirable stabilisation justice
did not contribute. The Constitutional Court again on this site recalls that adequate
material ensuring of judges is one of the major conditions for their
independence and the constitutional status of judges on the one hand, and
representatives of legislative and executive power, particularly of the State administration, on the
the other hand, due to the principle of the separation of powers and the principle of the independence of the
judges, which implies limited spatial scope for
the legislature in the field of remuneration of judges. For the State, and with regard to the
bad experience from past years, considers the Constitutional Court decided
progress in the field of remuneration of judges and other State officials
to be able to dismantle the so-called. other salaries and their "dissolution" in the monthly
salaries, without this there has been a decrease in the total year
the income of a judge. As a significant element of the guarantee of an adequate material
the security of judges in terms of the principle of the Division of State power on power
legislative, Executive and judicial, and request their mutual balance
It is to be considered as well as a direct link between the pay of the leaders of power
the legislative and the Executive on the one hand, and the salary of the judges on the other.
The structure of the law on salary of the representatives of the State power, which with the help of
the single salary base and the statutory factors guarantees
that, along with an increase in the salaries of representatives of legislative and executive power is
at the same rate automatically increases and the salaries of judges, so represents the
a major, in the legal order of the built-in fuse, that ratio in the material
the security of the leaders of each of the power will be in the future
accordingly.
60. In conclusion, the Constitutional Court notes that did not find grounds for revocation
the provisions of section 1 (b). h) Act No. 425/2002 Coll. and section 3 of Act No. 425/2002
Coll., concerning the judge of the district, regional and High Court,
The Supreme Court and the Supreme Administrative Court [section 1 h) of law No.
425/2002 Coll.], contested under point I of the small print, and the provisions of section 1 (b). I)
Law No 427/2003 Coll. and section 3, 4 Act No 427/2003 Coll., concerning
the judge of the district, regional and High Court, Supreme Court and the
The Supreme Administrative Court [section 1 (b) (i)) Law No 427/2003 Coll.],
infected under point (II) the small print, and therefore these proposals under section 70, paragraph. 2
the law on the Constitutional Court rejected. For the same reason i rejected the proposal on the
the cancellation provisions of the thirty-third, article XXXIII, law No.
309/2002 Coll., concerning judges of the district, regional and high
Court, Supreme Court and Supreme Administrative Court [section 1 (b), (h))
Act No. 237/1995 Coll.], contested under point III of the small print, and a proposal for
repeal the provisions of part one, article I, sections 1, 2, 4, 5 and 6 of law No.
626/2004 Coll., concerning judges of the district, regional and high
Court, Supreme Court and Supreme Administrative Court [section 1 (b) (i))
Law No 427/2003 Coll.], contested under point IV of the small print, as these
inextricably linked to the proposals the proposals under I and II and their small print
review after rejection of these proposals lost sense.
The President of the Constitutional Court:
JUDr. Rychetský in r.
