On Compliance of the Second Sentence of Paragraph 7 and the second sentence of Paragraph 20 (in the wording of 16 June 2009) and the third sentence of Paragraph 20 of the Transitional Provisions of the Law "On Judicial Power" with Articles 1, 83 and 107 of the Satversme of the Republic of Latvia
On Compliance of the Second Sentence of Paragraph 7 and the second sentence of Paragraph 20 (in the wording of 16 June 2009) and the third sentence of Paragraph 20 of the Transitional Provisions of the Law "On Judicial Power" with Articles 1, 83 and 107 of the Satversme of the Republic of Latvia
Case short name: The Judges' Salaries II
Constitutional Court held:
1. To declare the second sentence and the words of the third sentence “from 1 January 1010 till 31 December 2011 judges’ remuneration shall be set in amount of 73% percent of the remuneration foe work, which has been set in accordance with Paragraph 7 of these Transitional Provisions” of Article 20 of the Transitional Provisions of the Law “On Judicial Power” compatible with Article 1, 83 and 107 of the Satversme of the Republic of Latvia, if starting with 1 January 2011 the remuneration is set and paid in accordance with Article 1191 of the Law “On Judicial Power”, i.e., in compliance with Judgement of 18 January 2010 by the Constitutional Court in Case No. 2009-11-01.
2. To declare the words of the third sentence of Paragraph 20 of the Transitional Provisions of the Law “On Judicial Power” “without exceeding the remuneration of the Prime Minister, which is defined in accordance with the Law on the Remuneration of Officials and Employees of State and Municipal Institutions” incompatible with Article 1 of the Satversme of the Republic of Latvia and invalid from 1 January 2011.
3. To close proceedings in the part regarding the compatibility of the second sentence of Paragraph 7 of the Transitional Provisions of the Law “On Judicial Power” with Article 1, 83 and 107 of the Satversme of the Republic of Latvia.