Saar judges sue the Constitutional Court: Unfair remuneration uncovered!

Saar judges sue the Constitutional Court: Unfair remuneration uncovered!

What's going on in Saarland? A group of 58 Saarland judges and public prosecutors have lodged a complaint with the Federal Constitutional Court for a very understandable reason: they feel they are being treated unfairly in their salaries. [sr.de]. The focus is on the lowest judicial salary level R1, which applies to district judges and public prosecutors.

The reason for the discontent lies in a law that the Saarland state parliament passed in April 2024. This law adopts the nationwide collective agreement for the public service from the end of 2023 and provides for inflation compensation payments. The salaries should be increased in two stages: first by 200 euros in November 2024, followed by an increase of 5.5 percent at the beginning of February 2025. But the plaintiffs are of the opinion that this law perpetuates an existing unconstitutional alimony for judges and prosecutors and are calling for a clear distinction between senior civil servants and judges.

Alimentation principle and constitutionality

What makes the situation even more complicated? The decision of the Federal Constitutional Court of May 4, 2020 plays a crucial role here. This deals with the principle of alimony, which states that employers must provide their judges and public prosecutors with an appropriate living wage and that salaries should therefore be based on the general financial situation. If the salaries were not brought into line with this obligation, this may indicate unconstitutional under-support, as was already found in Berlin in the past, where the salaries of groups R1 and R2 were classified as inadequate from 2009 to 2015. bundesverfassungsgericht.de

The Saarland plaintiffs argue that the current gross salary of around 4,847.46 euros per month for judges is not enough, especially when compared with the salaries of other senior civil servants. Even after several years of working, they earn less than vice-principals or senior directors of studies. This imbalance is not only evident in Saarland, but is a problem that prevails in many federal states.

Demands for justice

The German Association of Judges (DRB) supports the lawsuit and calls for nationwide and official remuneration for judges and public prosecutors. According to the DRB, salaries in many countries, including Saarland, are too low and endanger the quality of the judiciary. They not only demand easier adjustment to collective agreements, but also a fundamental realignment of judges' salaries, which also takes into account the responsibility and demanding training of judges. richterbesoldung.de

The problem has worsened since the federalism reform in 2006, as it transferred responsibility for salaries to the states. Unfortunately, this means that the differences between the salary systems of the individual federal states are becoming increasingly pronounced, which is leaving judges increasingly behind in their pay. The plaintiffs in Saarland are therefore demanding a clear declaration that the Saarland salary regulation R1 for 2024 and 2025 is unconstitutional and hope for a structural realignment of their salaries.