Salaries in the judiciary: Fialo’s government makes judges into paraphernalia

Judges’ Salary Freeze: A Comedy of Errors

Well, well, well! It looks like the government has decided to spice things up with a plot twist worthy of a fine farce! Imagine, if you will, a world where judges, the stalwarts of justice, are faced with a decision to freeze their salaries while holding back laughter at how absurd this all is. While the legal scholars may dive into the murky waters of Constitutional law, the rest of us might wonder—when did justice become a punchline?

A Judicial Freeze: All in the Name of Austerity!

As per the government’s proposal, judges are set for a salary freeze, justified by some rather creative reasoning likened to a magician pulling a rabbit out of a hat. They say, “Well, if the Constitutional Court allows for temporary salary restrictions, it’s practically a free-for-all!” But, let’s be honest, it’s like saying, “If I can take a loaf of bread from the bakery today, I can take the entire bakery tomorrow!”

Sure, the court gave a thumbs-up to temporary cuts, but freezing judges’ salaries amid financial struggles feels like deciding to pour a bucket of ice water on someone because they had bad hair day. How about a little compassion, eh? After all, they are the ones keeping the law on the books instead of in the gutter!

The Real Motivation: A Classic Case of Comparisons

Now, in their bright and shiny justification, the government managed to compare the work of judges to that of civil servants. Newsflash: Being a judge is a touch more complex than throwing papers around in a bureaucracy! Someone should hand them a gavel and see how well they handle a courtroom filled with chaos. But wait, it gets better!

The pitch-black humor hidden within this proposal is that they plan to increase civil servants’ salaries by a mere fraction, only to tell judges, “It’s not personal; it’s just our financial situation!” Could we call that ‘universal equality’ or simply an attempt to equal misery across the board?

Floods, Salary Scales, and Education Upliftment

Oh, and let’s not forget the ominous mention of floods in that explanatory report. They sneakily try to suggest this isn’t just about money—it’s a natural disaster combo! “Yup, the waters are rising, and so is the cost of living, but sorry, judges; you’re not swimming in any raises!” Meanwhile, teachers will be riding the wave of a shiny seven percent increase. Talk about prioritizing who’s meant to be educating the future versus who’s charged with upholding justice!

The Bottomless Pit of Political Shenanigans

As Karel Šimka wisely pointed out, this proposal might just end with all of us at the murky bottom, where politicians scrape away at their own credibility while simultaneously kicking judges in the shins. It’s one of those classic political tricks: “Let’s ground the people who keep us honest while we switch our cash around like it’s Monopoly money!”

It seems that, at the end of this wild escapade, the government is not just raising the bar against judges—they’re potentially digging their own grave by showing just how far they’ll go to save a few coins while compromising justice. If anything, they’d better hope that no judge ever decides to throw out the gavel entirely and question the legitimacy of the powers that be.

In Conclusion: A Cheeky Twist on Justice

So, as we watch this tragicomedy unfold, let’s keep our eyebrows raised and our humor intact. Because if there’s one thing that binds every society, it’s the laughter we share over the absurdities of power. While the judges may find themselves in a salary freeze, we, the audience, hold the power of wit—and let’s face it, in a world gone bonkers, who doesn’t need a good chuckle?

Stay tuned, folks. The real legal drama may just have begun!

A deeper reading of the justification of the government’s proposal is probably only for the hardened and legally squeamish. It argues in favor of freezing the salary of judges for the next year completely absurdly based on the decisions of the Constitutional Court.

“The admissibility of temporary salary restrictions against representatives of the judiciary was also repeatedly approved by the Constitutional Court in the past (see rulings under file stamp Pl. ÚS 55/05, file stamp Pl. ÚS 13/08). The milder increase in the amount of base salaries thus reflects the state’s current financial difficulties, in the context of broader austerity measures and related to salaries in the entire sphere of state representatives and its employees. The petitioner points out that the Constitutional Court has even repeatedly allowed the suspension of the growth rate of judges’ salaries, if this is temporary, therefore, a maiori ad minus, the petitioner concludes that a mere temporary reduction in the growth of the salary base for a predetermined period is completely constitutionally compliant. it is stated in the explanatory report.

Although, rather chastely, this year’s floods are also mentioned in the explanatory report, the main motivation of the proposers of the proposal, officials from the Ministry of Labor and Social Affairs, is hidden in another paragraph.

It talks about the fact that the salaries of civil servants will not increase even by the promised almost 7%, but only by two percent. According to the presenters, the work of judges can be compared to the professional and demanding work of officials.

“After complex negotiations with representatives of the trade unions, from January 1, 2025, there is to be a general increase in salary scales of only CZK 1,400, the only exception being teachers, whose salary scales should increase by about 7% on average, i.e. by an amount comparable to with the proposed increase in salary bases. It should be noted that, in relative terms, the lump-sum increase of CZK 1,400 represents the lowest percentage change (from 2.1%) for employees performing highly specialized, complex and responsible work, with whom judges can rather measure themselves professionally; compared to other members of the same social class, there is therefore no income degradation in relation to other legal professions and no reduction in the social prestige of judges compared to other legal professions, whose salaries are paid from public budgets (cf. in particular the ruling of the Constitutional Court Pl. ÚS 12/10, which formulated this requirement for the first time). The petitioner therefore believes that the restriction is reasonable in relation to other groups whose salaries are paid from the state budget (i.e. to persons whom the Constitutional Court has generally identified as ‘state servants’ – file no. Pl. ÚS 33/11 and Pl. ÚS 5/24) and is not arbitrarily directed against judges,” it is stated, rather twistedly, in the justification of the proposal.

What to add in conclusion? It is a race to the bottom, wrote the president of the Supreme Administrative Court, Karel Šimka, in his comments on the original proposal, which, however, still respected the May decision of the Constitutional Court in relation to judges.

Šimk’s trial could now be applied not only to the effort to reduce the salary of politicians, but to this whole strange episode, at the end of which there will really only be the murky bottom and undercurrents that the government raises not only against judges, but also against to myself.

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