A judgment in the case on the cut of remuneration for Land Register judges has been adopted

14.12.2010.

Today, on 14 December, the Constitutional Court adopted a judgment in the case No. 2010‑39‑01 “On Compliance of the Second Sentence of Section 20 of the Law “On the Judicial Power” (Wording of 16 June 2009) and the Third Section thereof (Wording of 1 December 2009) insofar as They Establish Remuneration of Land Register Judges with Article 1, Article 83 and Article 107 of the Satversme of the Republic of Latvia”.

In the case under review, the Court reviewed the issue regarding the cut of remuneration for Land Register judges by 15 percent (as from 1 July 2009) and by 27 percent (as from 1 January 2010).

The Constitutional Court concluded that the present case is similar to previously adjudicated cases on changes in remuneration of judges. Taking into account what has been established in previous judgments, namely, proportional cut of remuneration is solitaire for all branches of power, it has been established during economic crisis and it has a temporary character, the Court established that the cut of remuneration of Land Register judges by 27 percent does comply with the Satversme if remuneration to be disbursed as from 1 January 2011 shall be calculated pursuant to Section 120.1 of the Law “On the Judicial Power”, i.e. in accordance with the judgment of 18 January 2010 adopted by the Constitutional Court.

The Constitutional Court also drew attention to the fact that this already is the third judgment on remuneration of judges in the present year, and the legislator has not introduced any amendments before adjudication of the present case. Consequently, this has strengthened legitimate expectations of judges regarding receipt of stipulated remuneration.

The Judgment of the Constitutional Court is final and not subject to appeal. It shall come into force on the date of publishing it in the newspaper “Latvijas Vēstnesis”.

Linked case: 2010-39-01