Adequacy of remuneration of judges and civil servants in relation to their position: the hierarchy of assessment-steps and preconditions for the calculation and constitutionality

Abstract

Purpose. This study represents methods to determine constitutionally guaranteed minimum payment (alimentation) to judges and civil servants in Germany.

Methods. Based on the constitutional enshrinement of civil service in Art. 33 para. 5 of Constitution it is demonstrated that Constitution gives rise to a requirement for “appropriate remuneration” of judges and civil servants, and that this requirement is enforceable (before administrative courts). It is shown how the vague legal term of “appropriateness” is construed in the case law, in particular of the Federal Constitutional Court, in order to determine a specific amount of appropriate remuneration in every case.

Results. Recent case law of the Federal Constitutional Court provides a method for calculation of the appropriate remuneration of judges and civil servants, which stems exactly from the Constitution. In this context, a tension between case law and statutory law, that ultimately determines a remuneration level, is also discussed.

Conclusions. This study comes to the conclusion that the Federal Constitutional Court in 2015, in its fundamental decision on the alimentation principle in interests of civil servants and judges, has convincingly established how (constitutionally guaranteed) appropriate remuneration shall be determined. The Federal Constitutional Court enforced the claim of civil servants and judges in individual cases. The lawmaker and the administrative courts are bound by the calculation method developed by the Federal Constitutional Court and apply it in practice.