Table of Contents

Regulating Judicial Activity in Europe

Regulating Judicial Activity in Europe

A Guidebook to Working Practices of the Supreme Courts

Judicial Review and Cooperation series

Edited by Network of the Presidents of the Supreme Judicial Courts of the European Union

The role of the European judiciary has, in recent years, undergone a significant upheaval that has led to a realignment of judicial, legislative and executive powers. This exciting new book provides an insider’s perspective on how these changes have affected the practical aspects of life in the European judiciary.

Chapter 2: Working conditions

Ghislain Londers

Subjects: law - academic, european law

Extract

Question 6. How is the salary, including pensions, fixed, increased or decreased and by whom? Are judges awarded bonuses or any other advantages (car, lodging, etc.) and by whom? What is the annual salary (including pensions and bonuses) of a Supreme Court judge? How does this compare with the salary (including pensions and bonuses) of other state officials? 1. The way salaries and other financial benefits as well as pensions are fixed and, in some cases, modified, is closely linked to the general problem of the degree of independence enjoyed by judges. In this respect a good example is the conflict between judges and public authorities in Slovenia regarding judges’ salaries, in which the Constitutional Court has already twice intervened, finding the various legal provisions regulating the salary system in the public sector and the law on judicial organization unconstitutional, the latter being considered incompatible with the indispensable independence of judges. This fundamental issue comes rather under Question 1, in Chapter 1 ‘Protection of Independence’ and will therefore not be further discussed in this Report. 2. From a reading of the different national reports three systems for determining and modulating judges’ salaries may be identified. 2.1. In the vast majority of cases, judges’ salaries are fixed by law, in other words following an act of the legislator (Parliament).

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