Judicial reward is an independence pillar of the government employee in a robe. The Constitutional Court highlighted such an axiom a number of times. If they halve the fee, does it diminish the independence?
This week the first Senate of the Constitutional Court launched a hearing on a constitutional complaint regarding the provisions of paragraphs 3, 9 of section ІІ “Final and Transitional Provisions” of the Law “On Amendments to Certain Legislative Acts of Ukraine” dated December 6, 2016, № 1774-VIII. This act is known substitute the minimum wage by the estimated value of UAH 1600.
As a result, the official salaries of judges who have not passed the qualification evaluation have more than halved. That is, according to Mykola Demianosov from the High Specialized Court for the consideration of civil and criminal cases, there was a reduce in the constitutional guarantees of the independence of the minister of Themis, which contradicts Part 1, Article 126 of the Constitution.
In addition, the law on the judicial system, which establishes the amount of remuneration, has a priority over any other acts in terms of wages for the courts.
By the way, the Constitutional Court is now considering the application of the Supreme Court of Ukraine, which, inter alia, calls into question the wage inequality between judges depending on their qualification. Perhaps Senate members will be able to respond promptly at least to one of the raised issues rather than seek consensus on each question.