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The temporary reduction of the salaries of young officials and judges in Baden-Wuerttemberg is a violation of the Basic Law. This was decided by the Federal Constitutional Court.
A few years ago, the state of Baden-Württemberg had lowered the salaries of young civil servants and judges. They had to live on a salary lower than 8% during the first three years of service. The country had justified the measure with the necessary austerity measures in the national budget.
The reference to backup is not enough
A young judge complained and was seized by the Federal Constitutional Court in Karlsruhe. The Constitutional Court considers that civil servants and judges are not obliged to contribute more than others to the reduction of public budgets. This is only allowed in exceptional cases.
Violation of the principle of equality
But then it would be necessary to have a convincing concept of savings with a detailed explanation of why only civil servants or judges should receive a lower salary. This was missing.
The low professional experience of young civil servants and judges can not justify wage cuts. In addition, it violates the principle of equality if only newcomers are affected by wage cuts.
Ministry expects three million dollars
After an initial badessment of the judgment, the Ministry of Finance concludes that all the officials and judges affected by the reduction are entitled to retroactive benefits up to and including 2015. "We are expecting hundreds of millions of dollars," said a ministry spokesman. He will review the judgment very quickly if he confirms this initial badessment. "Then we will initiate the extra payment to those involved in budget execution."
"We have asked our members to request additional payment of the reduced salary and we are expecting a quick repayment from the state government," said Wednesday GEO secretary Doro Moritz. The reduction has reached over 30,000 teachers in Baden-Württemberg.
The reduction of the initial salary was at the beginning of 2005. The new officials and judges of grades A 12 and above, grades R 1 and W 1, have not received any special payment for a period of three years .
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