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In The Matter Of The Application For Revocation Under Law No 590/2004 Sb.

Original Language Title: ve věci návrhu na zrušení části zákona č. 590/2004 Sb.

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356/2005 Sb.



FIND



The Constitutional Court



On behalf of the United States



The Constitutional Court ruled on 14 June 2005. July 2005 in plenary in the composition of Stanislav

Package, Francis Skinner, Turgut Güttler, Pavel Holländer, Ivana Janů,

Dagmar Lastovecká, Jiří Mucha, Jan Musil, Jiří Nykodým, Pavel

Rychetský, Miloslav Výborný, Elisabeth Wagner and Michael in April

draft applicant the municipal court in Brno, for which it is

President of the Chamber, Mgr. w. M., on the repeal of parts of the law No 590/2004 Coll.

to withdraw an additional salary for the second half of 2004, representatives of the

the State and some State authorities, magistrates, prosecutors and

members of the European Parliament, with the participation of the Chamber of Deputies

Parliament of the Czech Republic and Senate of the Parliament of the Czech Republic,



as follows:



The provisions of § 1 (b). h) of law No 590/2004 Coll., on the withdrawal of other

the salary for the second half of 2004, officials and

some government agencies, judges, prosecutors and members of the

The European Parliament, elected in the territory of the Czech Republic, shall be deleted;

date of publication of this finding in the statute book.



Justification



(I).



The proposal, which was delivered on 2 February 2005 the Constitutional Court. 3. in 2005, the

the appellant sought the annulment:



and part of the Act) No 427/2003 Coll., amending, for the year 2004

extraordinary measures in determining the amount of the salary and certain expenses

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

Government authorities, members of the European Parliament, judges and public

representatives of the above additional salary of these people in the first half of 2004, and

amending certain related laws, and specifically in the

about one half of the salary of a judge of the district, further regional and

the High Court, Supreme Court and Supreme Administrative Court second

half of 2004 [paragraph 2 in relation to the provisions of § 1) (h)

Law No 427/2003 Coll.],



(b) the part of the Act) No 590/2004 Coll., on the withdrawal of the additional salary for the second

half of 2004 officials and some State

authorities, judges, prosecutors and members of the European Parliament, the

chosen in the territory of the United States, and specifically to section 1 (b). (h))

the law.



The Constitutional Court, after examining the conditions of discussing the proposal found that in

matters referred to the sub. and), IE. in the matter of the application for revocation under law No.

427/2003 Coll., has already been before the Constitutional Court initiated proceedings under SP. zn.

PL. ÚS 43/04. In this section therefore, the Constitutional Court in its resolution of 14 June 2001.

April 2005, ref. PL. ÚS 9/05-9, excluding the oral proceedings a draft municipal court

in Brno refused within the meaning of § 43 para. 2 (a). (b)) in conjunction with § 43 para. 1

(a). e) Act No. 182/1993 Coll., on the Constitutional Court, as amended

regulations, hereinafter referred to as the law on the Constitutional Court, as the proposal

inadmissible.



The Constitutional Court in the proceedings dealt with the only proposal set out above

Sub. (b)). the proposal to repeal section 1 (b). h) of law No 590/2004 Coll., on

the withdrawal of additional salary for the second half of 2004, representatives of the

the State and some State authorities, magistrates, prosecutors and

members of the European Parliament, elected in the territory of the Czech Republic.

This proposal has filed the applicant pursuant to § 64 para. 3 of the law on the constitutional

the Court, after the decision in connection with his activities in the

case conducted under the SP. zn. 34 C 18/2005 according to art. 95 para. 2 of the Constitution of the CZECH REPUBLIC

came to the conclusion that the provisions of paragraph 1 (b). h) of law No 590/2004 Coll.

to be used when addressing this matter, it is in breach of article. 1 (1). 1

in conjunction with article. paragraph 82. 1 of the Constitution of the CZECH REPUBLIC and article. 1 of the Charter of fundamental rights and

freedoms ("the Charter").



In the matter of SP. zn. 34 C 18/2005, the municipal court in Brno decided to

the application judge of the same court in which the plaintiff claims against the Czech Republic

-The municipal court in Brno, payment of additional salary for the second half of the year

2004 a total amount of CZK 47000.0, while your claim is based on compliance with

the terms of section 4 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, as amended. In cash

15 deadline. in January 2005, however, as a result of the measures taken on the basis of

Law No 427/2003 Coll. and no 590/2004 Coll., additional salary for the second half

the year 2004 was paid out.



Removing the additional salary for the second half of the year 2004 according to the

the petitioner an undue interference with the judiciary and repetitive

independence. By law No 427/2003 Coll. There the judges was

withdrawn half of the next salary payable for the first and second half of the year

the years 2004, 2005 and 2006, that in those years, it's the salary

the base of the achieved under special legislation to 31.

December 2003 (which represents "salary freeze"). According to § 1 (b). (h))

Act No. 590/2004 Coll. was subsequently withdrawn by the other judges salary (the second

half) for the second half of 2004.



Municipal Court in this context also pointed out the fact that it was not

the last time an isolated intervention in judicial independence. Said

as an example, the Act No 420/2002 Coll., which was significantly reduced by judges

the period for which they are provided, the salary of temporary inability of the performance

features of the original 6 months for a period of 20 working days, while

the Institute providing full salary during temporary inability of the considered

one of the components of the material guarantees the security of the peace. For the next

the salary level of restrictions the judges then indicates the consequences resulting from the

Act No. 428/2002 Coll., laying down, for the year 2003 an extraordinary

measures in determining the amount of the salary and certain compensation expenses related to

the performance of the functions of the representatives of State power 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. According to the provisions of § 1

of the Act, for the determination of salary and other compensation and expenses

performance-related features in 2003 for the listed representative and

the judge applies the salary base of formal to 31. December

2002, while with regard to the amendment of the legislation and pay scales

personal supplement made for staff of ministries, with effect

following the date of 31. in December 2002, the salary base in that

the year has not increased. Thus for the normal flow of events should be according to the

the applicant from 1. January 2003 to increase the salary of a judge as a result of

changes to legislation, pay scales, and personal supplement made for

employees of ministries, adopted ad hoc law for judges

did not occur. Furthermore, the appellant referred to the explanatory memorandum to the law

No 420/2002 Coll. and no 425/2002 Coll., which implies that they

the legislature followed the target "maintaining a comparable position

each group of "people, IE. civil servants, representatives of the

State power and judges, with the special status of judges as regards

the amount of remuneration, the lawmakers seemed unfair and

fixed-width. This procedure is called the municipal court in Brno, for

unconstitutional, contrary to the judge on the physical security,

that is one of the guarantees of its independence. He pointed out while

the fact that the legislature request to preserve "the comparable

the position of the individual groups ", as referred to in the above mentioned persons reason

the news, later has omitted, because, among other things:



-amendments to Decree-Law No 253/1992 Coll., on salaries

employees of State administration bodies, certain other bodies and municipalities,

performed by Government Ordinance No. 582/2002 Coll., took place with effect from 1.

January 2003 to increase the pay scale based on grades and

grade grades for the employees referred to in § 1 (1). 2 Government Regulation

No 253/1992 Coll.,



-amendments to the regulation of the Government No. 251/1992 Coll., on salaries

employees of budgetary and certain other organizations, carried out

Government Ordinance No. 583/2002 Coll., took place with effect from 1. January 2003 to

the increase of the pay scale based on grades and salary

degrees for the employees referred to in § 1 (1). 2 of Decree-Law No. 251/1992

SB.



-amendments to Decree-Law No. 79/1994 Coll., on salaries

employees of the armed forces, security forces and services and authorities

the customs administration, soldiers and employees of certain fire protection

other organisations (staff salary order), carried out by regulation of the Government

No 584/2002 Coll., took place with effect from 1. January 2003 to increase the scale

pay scales based on grades and salary grade for

the employees referred to in § 1 (1). 2 of Decree-Law No. 79/1994 Coll.



-the adoption of Decree-Law No. 330/2003 Coll., on salaries

of employees in public services and administration took place with effect from 1 January.

January 2004 to increase the pay scale based on grades and

grade grades for the employees referred to in § 1 (1). 1 Government Regulation

No 330/2003 Coll.



These illegal hits continued into the next period, when based on

Act No. 435/2004 Coll., as amended, and then, law No 590/2004

Coll., the judges for more salary in the second half of 2004, completely withdrawn. Annual


Therefore, the judge not only income is stagnating, but noticeably decreases, even when in

in 2001 and 2002 a judge received a total of 14 salaries (12 monthly and 2 more

salaries), in 2003 it was the 13th salary (12 monthly and 2 halves of two

other salaries) and in 2004 just 12 monthly and half of the next salary.

Additional salary of the applicant cannot be regarded as a bonus, according to the current

the monthly income of a judge, while avoiding mixes up the calendar, and

pay period. Therefore, detention even if only one of the other salaries

occurs automatically and to the overall reduction of the law guaranteed by the annual

income of a judge. Salary questions judges are thus left to the will of

the legislature, though the objective of Act No. 237/1995 Coll. was to create a solid

the rules for determining the amount of remuneration (and judges) to make these United States

the subject of political calculations.



Those measures took place at a time when lawmakers have been known in the preamble

Constitutional Court No. 198/2003 Coll. (SP. zn. PL. ÚS 11/02)

-pin the claimant agrees. He pointed out in particular at the conclusion of the constitutional

the Court, by which the remuneration of judges in a broad sense

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 pursuit of such equality

stray from the category of constitutionality, it is a policy objective that does not support

in the constitutional field understood the principle of equality. This principle lies in the

material terms of their boundaries in the observations, according to which "the same shall not

be adjusted arbitrarily unevenly, but unequal shall not be

adjusted arbitrarily as well ". The principle of equality should not be understood as

in the result, but watering must be interpreted as a guarantee

the same starting chances. However, the principle of equality laid out as follows

the legislature apparently has not complied with. Even in this case, changes in legislation,

relating to the pay conditions of judges, exceed the constitutional limits for the

acceptance of the "uniqueness" of the Act, as defined by the finding of the Constitutional Court

in the matter of SP. zn. PL. ÚS 16/2000, published under no. 321/2000 Coll., and was

need to be based on a principled argument, which the Constitutional Court interpreted the

in finding SP. zn. PL. ÚS 13/99, published under no. 233/1999 Coll. in this

context the applicant pointed out at the end of the award No 198/2003 Coll., according

which, although it can be in wholly exceptional circumstances, focusing on the principle of

equality in the area of restrictions in pay of civil servants,

constitutional officers and judges before principle comprehensively understood

the independence of judges, this session both principles do not apply, however, in General, as

once and for all and in all circumstances.



Therefore, the appellant is of the opinion that, even in this case, the challenged

legislation is in breach of article. 1 (1). 1 of the Constitution of the CZECH REPUBLIC in connection with its

article. paragraph 82. 1, implying a duty of the State to ensure the judges and

the material independence, as a guarantee of an impartial and fair

deciding on the rights of the people. He also considers that the contested part of the

the law is in breach of article. 1 of the Charter, which provides for equality in the rights

When he leaned on the opinion of the Constitutional Court, according to which, in a given

If the legislature modified the same ratios for equal professional

categories with the aim of moving closer to leveling in the result, which is

illegitimate.



II.



The Constitutional Court first assessed the fulfilment of the conditions under which the

proposal for a decision. The proposal handed to the legitimate claimant within the meaning of § 64

paragraph. 3 of the law on the Constitutional Court. As is apparent from the design, the writ is

based on the provisions to be applied in solving the case, and this

provision is, in the opinion of the General Court in conflict with the constitutional

policy. It is therefore the condition article. 95 para. 2 of the Constitution of the CZECH REPUBLIC, as

the solution of the case is necessary that the Court used the § 1 (b). h) of law No.

590/2004 Coll., as Prosecutor of this provision based his statement

the proposal. The proposal also meets the condition of section 66 of the Act on the Constitutional Court, when

the contested provisions of § 1 (b). h) Law No 590/2004 not yet

amended accordingly. As well as this article meets a condition. 1 (1). 1 of the Constitution of the CZECH REPUBLIC and article.

1 of the Charter, which are the provisions of the constitutional order, which is supposed to be article 1

(a). h) Law No 590/2004 Coll., in violation of. The Constitutional Court finally

did not find the reasons for the termination of the proceeding within the meaning of section 67 of the Act on the constitutional

the Court.



Therefore, the Constitutional Court plan that called pursuant to § 69 para. 1

the law on the Constitutional Court of the Czech Parliament Chamber of Deputies

and the Senate of the Parliament of the United Kingdom, as the parties to the

comment on this proposal.



In its statement of 31 January. May 2005 the President of the Chamber of Deputies

Parliament of the Czech Republic, PhDr. Lubomír Zaorálek States that judicial

independence, as a legal institution, has its limits and cannot be understood

absolutely. The judge is not isolated, but exists in a particular system.

Specific adjustment cannot ignore this system. Austerity measures in

resources spent on the salaries of employees of public services and

the Administration would not allow the already at 1. half of 2004 to provide additional salary or in

half of the amount, but only at the rate of ten percent. Due to the fact that

officials and some State authorities, judges and

prosecutors for the half-year was paid additional salary in

When piece measures 50-50, the only possible solution, which was meant to express

solidarity with the workers of public services and administration, was to accept the

an act to be entitled to an additional salary of officials,

some State authorities, judges and prosecutors in the second

half of 2004, be withdrawn. The purpose of the adjustment was received mainly expressions of

a certain solidarity with the employees paid from public sources, and not

an attack on judicial independence. The President of the Chamber of Deputies

Parliament of the Czech Republic also confirmed that law No 590/2004 Sb.

accepted after duly carried out by the legislative process, was signed by the

respective constitutional officials, and declared in the collection of laws. The legislative

the Corps acted in the belief that the law is adopted in accordance with the Constitution,

the constitutional order and laws of the Czech Republic, the

The Constitutional Court, in the context of the examination of the proposal to assess the constitutionality of

This law and issued the appropriate decision.



The draft also expressed by the President of the Senate of the Parliament of the Czech Republic

Mudr. Přemysl Sobotka, who briefly summarize the procedure

of the law by the Parliament of the Czech Republic. Remind you that along with

the draft of this Bill was being discussed in the draft law on amendments to certain

laws in the wake of the implementation of the public finance reform in the area of

remuneration, whose content was with effect from 1. January 2005 to cancel

Institute of additional salaries and like transactions in relation to all persons,

to whom such performance has been provided (a later law No. 626/2004 Sb.).

The Senate Bill to the Chamber of deputies of the Parliament of the United Kingdom

He returned with Amendment (the Chamber of Deputies. 4. the electoral period.

Print 679/4), which should be removed from the Bill the provisions on

the withdrawal of an additional salary of judges and prosecutors. Of the 60 present for

This change was voted against and 37 7 senators. Because it is a similar

issues as in previous cases, the deprivation of other salaries of judges,

to refer to the observations on those proposals. In conclusion, the Court held that it is up to

The Constitutional Court to assess the constitutionality of the contested provisions and in case

decided to.



III.



According to the provisions of § 44 para. 2 of the Act on the Constitutional Court, the Constitutional Court may

with the consent of the participants of the oral proceedings, to refrain from this cannot be

the negotiations expect further clarification of the matter. Due to the fact that both

participants, i.e.. the appellant in the submission of 30 March 2004. June 2005 and participant

proceedings in the remarks by President of Parliament of the United

the Republic of 8 September. July 2005 and President of the Senate of the Czech

Republic of 30 August. June 2005 expressed its approval of the abandonment of

hearings, and whereas, Furthermore, that the Constitutional Court has considered that the

from the negotiations cannot be expected to further clarification of the matter, it was from an oral hearing

in the case dropped.



IV.



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 of the CZECH REPUBLIC

set out competences and constitutionally prescribed way. From the Council

prints and těsnopiseckých messages, as well as the observations of the participant in the proceeding,

It was found that the Chamber of deputies of the Parliament of the United Kingdom

approved the proposal of the law on its 38. meeting on 23 June. November

2004, when the draft law in the version approved by the Senate of the Parliament of

The United States voted against, 46 voted 117 of 184

members of Parliament. For the original text of the draft law of 184 members

133 members voted against the No. The law was signed by the

respective constitutional officials, and was under no 590/2004 Coll. duly announced


in the amount of 203 of the laws, which have been circulated on 29. November

2004, and in its paragraph 2 took effect on the date of its publication, or date

circulation of the relevant amounts of the laws.



In the.



As regards the assessment of the content of paragraph 1 (b). h) of law No 590/2004 Coll., on

relation to the constitutional order of the Czech Republic and its international

obligations, the Constitutional Court came to the conclusion that the application for annulment of the

the provision is reasonable. Was guided by the following considerations.



The Constitutional Court is the issue of the pay restrictions against judges in the form of

the withdrawal of "the next salary" dealt with in a number of its decisions. Detailed

recap of that case-law is contained in the Constitutional Court No.

198/2003 Coll. (SP. zn. PL. ÚS 11/02). In this context, it should be

highlight:



and Finding sp.). PL. ÚS 13/99 of 15 December 1999. September 1999, the Constitutional Court

set aside the part of the provisions of section 1 of Act No. 269/1998 Coll., on the withdrawal of other

the salary for the second half of 1998, representatives of the State power and

some government agencies, judges, prosecutors and members of the Presidium

Securities and Exchange Commission, and that the provisions governing the withdrawal of other

the salary of the judges for the second half of 1998. The main reason for this award was

argument principle of judicial independence, to which the Court

i put my "aspects of material nature". Another argument has become

voucher for the diversity of the constitutional position of the judges on the one hand, and

representatives of legislative and executive power, particularly the Government, to

the other side.



(b) in the event of a negative finding) of 3 July 2003. July 2000 No. 320/2000 Coll., SP. zn.

PL. ÚS 18/99 (application for annulment of part of the provisions of Section 4a of the Act No. 237/1995

Coll., as amended by Act No. 285/1997 Coll., regulating the withdrawal of other

the salary of the judges for the second half of 1997), the Constitutional Court emphasized that

judicial independence is one of the fundamental democratic

values, which certainly helps ensure security and material

judges. In doing so, he considered essential to the salaries of the judges of the other authorities

the State can not, in any form, arbitrarily and repeatedly.

For rozhodovaný case but the intervention of the legislator showed the characters of arbitrariness.

According to the Constitutional Court, in assessing the constitutionality of the contested legal

the provisions could not be put aside from the difficult social and economic

reality, in which the Czech Republic was in 1997.



(c)) as well as the Constitutional Court of the day. July 3, 2000, finding no. 321/2000

Coll., SP. zn. PL. ÚS 16/2000, rejected the application for annulment of part of the provisions of section

1 of Act No. 309/1999 Coll., on the withdrawal of the additional salary for the second half

the year 1999, and for the second half of the year 2000, officials and

some government agencies, judges, prosecutors and members of the Presidium

Securities and Exchange Commission, and that the provisions governing the withdrawal of other

the salary of the judges for the second half of 1999 and the year 2000. Has not changed yet

fundamental basis of assessment of the problem. He emphasized that the salary of the

judges should not be the moving factor according to immediate liking it

or that of a Government grouping. The withdrawal of "the next salary" assessed, therefore,

as an exceptional measure which can authorize only for serious reasons, for which

consider the impact of the financial problems of the State, and only in connection with

complex adopted austerity measures, relating to salaries in the whole

the realm of the State officials and employees.



(d)) on 11. June 2003 the Constitutional Court finding no. 198/2003 Coll., SP. zn.

PL. ÚS 11/02, annul the part of the provisions of § 1 of the law No. 416/2001 Coll., on the

withdrawal of additional salary for the second half of 2001 and the determination of the amount of the

other salaries for the first and the second half of 2002, the State

power and some government agencies, judges, prosecutors, members of the

the Presidium of the Securities and Exchange Commission, representatives of the Ombudsman and the

members of the Bank Board of the Czech National Bank, regulating the withdrawal of

additional salary for the judges for the second half of the year 2001 and decreasing other

the salary for the first and the second half of 2002 on the amount of half the amount for

which would otherwise be entitled.



Having regard to the circumstances of the case had to be considered a starting point to take

the legal opinion expressed in the report that sub. (d)), as it also

referenced by the appellant. Here, the Constitutional Court stated, the conclusion he had reached the

the basis of the assessment and other related legal provisions. By law No.

425/2002 establishing for 2003 provides for emergency measures in

determining the amount of salary and certain compensation expenses related to the performance of

the 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 the second half of 2003, which took effect 1. October

2002, in paragraph 1 provided that, for the determination of salary and other compensation and

expenses related to the performance of functions in 2003 for the listed

Representative and judge it's salary base of formal to 31.

December 2002. As a result of changes to legislation and pay scales

personal supplement made for staff of ministries, with effect

following the date of 31. in December 2002, the salary base in that

the year has not increased. The provisions of § 2 of the Act includes shortening the next salary

the same people who owned by the specific provisions for the year 2003 on the

half. The provisions of § 3 has ruled out for the period from 1. from 1 January 2003 to 31 December 2004.

December 2003 the use of section 3 (2). 3 of the law 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, as amended by Act No. 309/2002

Coll. in the grounds of the award No 198/2003 Coll. (SP. zn. PL. ÚS 11/02) the constitutional

the Court pointed out in the text of my messages to the proposals of both of the above-cited

laws from which it is clear that the plaintiff was pursued,

consisting of a "maintaining a comparable position of each group"

people, i.e.. civil servants, representatives of the State power and judges,

with the special status of judges as regards the amount of the remuneration,

the claimant appeared as unfair and fixed.



Implied changes in legislation related to gender pay circumstances

the judges, in the opinion of the Constitutional Court also in Act No.

590/2004 Coll., constitutional limits for the acceptance of the "uniqueness" of the Act, which

There has been a withdrawal of the additional salary for the judges, as these define in

previous decisions (cf. findings no 321/2000 Coll. and no 198/2003

SB.). So again, it must be held that, if it can be a very exceptional

circumstances, focusing on the principle of equality in the area of restrictions in pay

Government employees, officials and judges from the constitutional principle of

comprehensively understood the independence of judges, do not apply this session two

principles in General as a once and for all and in all circumstances. On the contrary,

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. In other words, if you can accept the application

the principle of equality in the above sense in exceptional

the reduction of the salaries of all economically reasoned, cannot accept equality

all of the above mentioned groups (or as the target category)

the definitive amount of the salaries. The pursuit of such equality to stray from categories

constitutionality, it is a political goal, that finds no support in the constitutional field understood

the principle of equality. This principle lies in the material sense their

boundaries in the observations, according to which "the same shall not be adjusted

arbitrarily, unevenly but unequal manner shall not be

arbitrarily as well ". The principle of equality should not be understood as a leveling in

the result, but it should be interpreted as a guarantee of the same

starting chances.



From the perspective of comparative in developed democracies of Western Europe cannot

find case grade restrictions against judges, with this issue

It is therefore not confronted or doctrine or case law (cf. the three so-called.

pay the judgments of the Federal Constitutional Court-a collection of decisions

The Federal Constitutional Court, St. 26, s. 141n., St. 32, p. 199n., St. 55,

s. 372n. It can be said that it is of the opinion that, in the extreme

situations could affect the independence of the remuneration

However, when you decide which of the existing salaries of judges does not come into

considerations. At present, the discussion is conducted rather to the question of the potential savings in

the area of the salaries in the Executive Branch, there is, however, eliminated a net consolidate

the budget as a possible general theme, is attributed to him, only the additional

features-cf. Wolff, h. a.: Die Gestaltungsfreiheit des Gesetzgebers

IM Besoldungsrecht. DÖV, vol. 2003, no. 12, p. 498-499). Comparable

the situation appear only in post-Communist Europe.

An example of this is the extensive case law of the Constitutional Tribunal of the Republic of Poland to the

questions the constitutionality of legal provisions, the salaries of judges, whether from the so-called. Small

the Constitution (see, in particular, the decision of the SP. zn. P 1/94 of 8 February 2005. November 1994,

13/94 of 14 September. March 1995, P 1/95 of 11 December. September 1995)

period today valid Constitution (see decision SP. zn. P 12/98, P 8/00 of

on 4 April 2006. October 2000, to 12/03 of 18 May. February 2004). In all of these


the decisions of the General Court dealt with the ústavností aspects of the determination of the amount

the salaries of the judges from the perspective of the article. 178 odst. 2 of the Constitution of the Republic of Poland, according to the

the salaries of judges must match the dignity of their Office and to ensure

the performance of their duties. (Federal Constitutional Court stressed not only these

circumstances, but pointed out the tasks and responsibilities of the judges, which is associated

with their authority, and also to the need to attract new candidates for Office and

Special risks associated with the Office of the judge-a collection of decisions of the Federal

the Constitutional Court, St. 26, p. 158).



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

democratic rule of law (article 9, paragraph 2, of the Constitution of the CZECH REPUBLIC). Request

independent of the judiciary stems from two sources: from the neutrality of judges, such as

the guarantee of a fair, impartial and objective legal proceedings and of

safeguarding the rights and freedoms of individuals judge separate from the political

power. The independence of judges is guaranteed by a special legal safeguards

position (to be classified, non-repudiation, nesesaditelnost

integrity), further guarantees of organisational and functional independence from the

bodies, representing the legislative and executive power in particular, as well as

separation of the judiciary from the legislative and executive powers (in particular by the

the principle of incompatibility). In terms of the content is then judicial

independence ensured only by law, judges vázaností IE. the exclusion of

any elements which in his decision making. The essential

the components of the principle of independence of the judiciary, the Constitutional Court comprehensively

dealt with in the report No. 349/2002 Coll. (SP. zn. PL. ÚS 7/02).



Arbitrary interference by the legislature in the field of material ensuring of judges,

where are the salary restrictions, should be protected in the framework of the principle of

their independence, for their part, for two reasons.



The independence of judges is primarily conditioned by their moral integrity

and professional levels, but it is associated 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 no r (94) 12

of 13 October. October 1994 concerning the independence, efficiency and role of judges,

which is between the "proper working conditions" and "ensure the ranks of the judges

the adequacy of the remuneration of judges and the position with regard to the dignity

their profession and work load "(principle III, paragraph 1b). Similar

Maxima is contained also in article. 6.1 the European Charter on the Statute for judges,

adopted by the participants in the multilateral meetings organised by the Council of Europe

in the days of 8. up to 10. 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

pressure, leading to their decision and generally affected to

affecting their behavior when finding the law that could be

compromised their independence and impartiality.



The reason for this second 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 on the 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 take the form of

coercion in their decision making.



Following the assessment of the constitutionality of the terms set out pay restrictions against

the judges applied consistently in the Constitutional Court finding no. 198/2003 Coll. (sp.

Zn. PL. ÚS 11/02), which set aside the part of the provisions of § 1 of the law No. 416/2001

Coll., the provisions governing the withdrawal of additional salary for judges

the second half of 2001 and further reducing the salary for the first and second

half of 2002 on the amount of half of the amount to which they would otherwise

qualify.



The reasons that led the legislature to adopt the law No. 416/2001 Sb.

in doing so, identical to those which led to the adoption of level restrictions

to the judges in the law No 427/2003 Coll. and in Act No. 590/2004 Sb.

by the legislature by the alleged plight of public finances and

disproporcionalita in the level of remuneration of judges and other public areas

sphere. According to the explanatory memorandum to the draft law No 427/2003 Coll.: "must be

savings in resources spent on salaries of employees in the public

services and administration ... will not allow you to make additional salaries provided by each

half of the calendar year have been ... in the following years, paid in

the full amount. For these reasons in the present Bill proposes

to make up for the years 2004, 2005 and 2006, the salary base for determining the amount of

salary and certain refunds associated with the performance of the functions of the representatives

of State power and some other people not to, and to be more

salary in each half of the listed years provided (as well as

employees in public services and Administration) at half rate. ...

The proposed adjustment, "continues the Government's explanatory memorandum," is in accordance

with the constitutional order of the Czech Republic. " Similarly, in the explanatory memorandum to the

a later law No 590/2004 Coll. (the Chamber of Deputies. 4. the election

period. Print 679/0) States that "... based on the law No 427/2003

Coll., laying down, for the years 2004, 2005 and 2006 provides extraordinary measures

in determining the amount of the salary and some compensation expenses related to the performance of

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

prosecutors, above other salaries of these persons for the first and second

half of the years 2004, 2005 and 2006, and amending some related

laws, the additional salary for the first half of 2004 referred to persons

paid in 50% of the amount, it is proposed that to settle the procedure for

employees of public services and administration, the additional salary for the second half

2004 (regardless of the results of the negotiations with employees) withdrawn. This will

in conjunction with the "freezing" of salaries shall ensure equal access to energy-efficient

measures in both groups. "



Both laws, i.e.. how the law No 427/2003 Coll. and Act No. 590/204, Coll.,

already been adopted in the similar question decided the Constitutional Court finding

No 198/2003 Coll. However thus the Constitutional Court prior to the adoption of the law

clearly formulated maxim, according to which the principle of equality in the field of

restrictions in the remuneration of public servants, constitutional officers and

judges can be comprehensively understood before focusing on the principle of the independence of the

judges only in wholly exceptional circumstances, and this defined space

the constitutional conformity level restrictions on judges, the legislature is this

in the process of adopting the law maximou no 427/2003 Coll. did not drive and vice versa

to refer to the earlier case-law of the Constitutional Court on the issue of salaries

judges in the form of findings no 320/2000 Coll. and no 321/2000 Coll. [sub above. (b))

and (c))] from the year 2000.



The Government in the position of the applicant in doing so, calling into question the above

Law No 427/2003 Coll., and this increase in pay scale

employees of the public sphere, with effect from 1. January 2003 (regulations

Government No 582/2002 Coll., no 583/2002 Coll., no 584/2002 Coll. and no 330/2003

SB.). Declaration of Zdeněk Škromacha, Minister of labour and social

things in the 2. reading the discussion of the draft law No 427/2003 Coll.

Deputies of the Parliament of the Czech Republic on 24. September 2003:

"For the next year in spite of the problems that exist today, would increase salaries

more than 3.6%. So the increase in budgetary and contributory sphere

It will be. " (Těsnopisecká report on the 20th meeting of the Chamber of Deputies, p. 168).

According to the table of the annex to the draft State budget for the year 2004 (Chamber

the Chamber of Deputies. IV. the electoral period. Print no. 460/0), submitted by the Government of the

The Chamber of deputies of the Parliament of the United Kingdom, then to employees in

central bodies of State administration was the actual amount of

resources for salaries for the year 2002 4 840 899 thous. CZK, the 2003 budget

5 669 263 thousand. CZK, the proposal for the year 2004 then 5 916 963 thousand. $ ("Table #.

9), in the organizational components of the State was the actual amount of

resources for salaries for the year 2002 8 755 060 thousand. CZK, the 2003 budget

10 319 286 thousand. CZK, the proposal for the year 2004 then 10 524 110 thous. $ ("Table

# 10), defense, security, customs and legal protection

was the actual amount of funds to salaries for the year 2002 26 999 082

ths. EUR, budget 2003 29 161 674 thousand. CZK, the proposal for the year 2004

30 156 796 thousand. CZK (table 11). other organizational

components of the State was the actual amount of funds to salaries per year

2002 11 406 195 thousand. $ Budget for 2003 12 545 862 thousand. CZK, design

for 2004, then 13 205 240 thousand. CZK (table 12). Further possible

an attachment to amend the draft law on the State budget for the year 2004 (on the

at http://www.psp.cz/cgi-bin/win/docs/tisky/tmp/T0460j0.doc, under the

the heading 3.2.6. Expenditure on staff salaries and other payments for

the work carried out), where it is stated that salaries in the State administration is compared to

the approved budget for the year 2003 in the draft budget for 2004, the increase

about 4.2%.



In these circumstances, can hardly accept the thesis of "the necessary savings in

resources spent on the salaries of employees in public services and

manage "in General, specifically for salary restrictions judges then examined

statutory argument lacks any "exceptional circumstances", which

would justify the priority of the principle of equality in the area of restrictions in


the remuneration of civil servants and judges, constitutional factors before

principle comprehensively understood the independence of judges.



On the basis of the following reasons should be considered as pay landed restriction

against the judges contained in paragraph 1 (b). h) Act No. 590/2004 Sb.

for rozpornou with the article. 1 (1). 1 of the Constitution of the CZECH REPUBLIC in conjunction with its article. paragraph 82. 1

and article. 1 of the Charter. Therefore, it was decided, that, pursuant to section 70 para. 1

the law on the Constitutional Court this provision repealed on the date of publication of this

the finding in the journal of laws.



The President of the Constitutional Court:



JUDr. Rychetský v.r.



Different opinions under section 14 of Act No. 182/1993 Coll., on the Constitutional Court,

as amended, a decision of the plenary, the judges adopted a

Stanislav Package and Miloslav Výborný.