From predicate lawyers for the precarious-lawyers - the rise of a descent was.
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Criticism of the system of remuneration of judges and prosecutors louder. grade experts of the German Judges Association (DRB) and the German Federal Administrative Court and administrative judges (BDVR) are independently come to the conclusion that the pay of the judiciary is no longer within the constitutionally prescribed Alimentation think. The judges see themselves confirmed in a report by the management consultants Kienbaum. The Federal Constitutional Court has repeatedly held that the Richteralimentation the special importance of the Office had to take into account share with the judges' associations. This requires constitutional imperative that the judiciary the responsibility associated with the Office and of the development of economic Conditions and living standards is to provide an adequate livelihood,
BDVR said board chairman Chris Heydemann on 18/08/2008. [...]
unsatisfactory grade - the predicate lawyer starts but only at fully satisfactory ...
you can do an already suffering, the German judges and prosecutors, to the envy of the world.
The work stop here out of pure idealism for an Ipod and an egg, with just above R1 or Hartz IV ALG II and thus on the edge - not only of a nervous breakdown, no, the
constitution.
According to the federal earned a salary of
R1-Richter/Staatsanwalt, 37 years without children, including all special payments, according to reports in 2002 about 49 130 € and in 2007 approximately 47 820 €.
If we as Stark, aka "Shark," looks at Monday VOX ... . But that's just "fiction". As it moves smoothly Discovered attorney to the prosecutor - only because he believed that he had to do something good to
.
We find that the people to whose name goes here, has a right to know this position paper in all its plain language and to know German judges deserve what
udn prosecutors. Everything - except for (our) ridicule.
We support this completely and without any restriction, so that might be fulfilled what promised us our social studies teacher once, as Moses the Iraeliten geobte the country: the rule of law.
The German people is called ... .
For those who want to hang it somewhere, so they see it at least once a day until then, here the PDF file directly from the DRB and DVRB.
position paper on the remuneration and pensions of judges and prosecutors
Every citizen is entitled to an effective judiciary, which effectively achieved justice and legal certainty. This includes an adequate remuneration of the judiciary. The Federation of German administrative courts and administrative judges (BDVR) and the German Association of Judges (DRB) are calling on federal and state governments to carry out a constitutional system of remuneration and pensions of the judiciary, of the principles of independence
and national unity of the remuneration of judges and prosecutors ( R-grade starting) and to be made in respect of third party violence.
• In view of the new regulations due, we consider it as necessary to reach a legally completely separate salary and supply for judges and prosecutors. Both matters are in future to settle outside the civil service law.
• As a result of the transfer of statutory powers with regard to the R-grades to the states - while preserving the jurisdiction of the federal government for federal judges and federal prosecutors - are already registered now completely different trends in salary to
. As for the judicial prosecutor working in Germany and are all the same requirements must also insist same salary structures for all judges and prosecutors. We therefore call to return to the consistency of the R-grade.
• All efforts to vary by so-called performance-based elements of their remuneration, we issue a denial. A higher salary of a judge or a judge shall be subject only to an associated with higher responsibility of judgment
.
Any other form of Zusatzalimentierung opens the door to a possible influence on executive of judicial activity by financial reward or the absence thereof. In the discretionary special benefits to judges and prosecutors with the judicial independence and to agree not to the legislative mandate of the Prosecutor "
interjection.
To make it even more clearly to do: not judges and prosecutors may help out just that easily at the beer stand at the Moselle hard as easy as 400 EURO-base
yet further:.. The Basic Law guarantees the independence of judges Their objective and personal independence is necessary for the judiciary - in the context of the constitutional separation of powers - the incumbent to fulfill its task of case law.
It corresponds to the jurisdiction of the Federal Constitutional Court, that the independence of the judge needs to be made by his salary. His Alimentation has to reflect the specific meaning of the judicial office into account. This requires constitutional imperative that the judge is on the responsibility associated with the Office and of the development of economic conditions and living standards to provide a reasonable living. The masters at the federal and countries are therefore required to dimension the salaries of the judge so that they are adequate.
The adequacy of the salaries and benefits after the constitutional law of very considerable importance for the maintenance of judicial independence. Also provides an adequate judges grade the condition
that the necessary services for the judges highly qualified lawyers can be obtained.
After the scope and importance of the prosecutor's position within the prosecutors of the judicial office as a Judge is to understand the like. It is a force equal to the third and associated with controlling the administration of justice, they met in
criminal law with the courts the task of providing justice.
terms of the constitutional requirements, the Alimentation of German judges and prosecutors for years no longer sufficient.
The current situation is partly characterized by massive legislative interventions into the existing structure of salaries and pensions at the expense of judges and prosecutors, they also detrimental by actual developments.
• Necessary adjustments to the salaries have been moved since 1997 and over again. lower - - input stages created
• In the R-grade two were.
• The recognition of higher education time was limited.
to form a reserve supply reductions have been made to pay and supply adjustments.
• The maximum pension of 75% was reduced to 71,75%.
• The widow's pension was reduced from 60% to 55%.
• The Christmas bonus (special allowance or payment) was drastically reduced or eliminated altogether.
• The holiday pay was deleted.
• Between 2005 and 2006, partly in 2007 are even
no adjustments to remuneration and pensions have been made more
.
• In the period 1992 to 2007, the salaries of judges and prosecutors in total only increased by about 20% - in the countries with complete loss of the Christmas bonus even less - while the price index has increased in this period by 32%. Compared to the price increases have lagged behind the salaries on average by almost 40%.
• The increase in VAT from 16% to 19% leads to a further indirect income loss because they - Is not offset by security reductions elsewhere - in contrast to social insurance contributions.
• Compared with similar groups in industry is the development of the R-grade far behind. Thus, in trade, credit and insurance industry from 1992 to 2005 recorded an income increase of 46%, and the film is twice as high as in the - behind the price increases remaining - R-grade.
• The expenses are for salaries to be financed from the state aid compliant health insurance increased 1993-2003 by an average of almost 70%. This led to a significant reduction in the other for the support available
salary amounts.
• In addition, the share of benefit payments have been reduced. In particular, the judges and prosecutors uninsurable deductibles were imposed in cases of illness.
• Judges and prosecutors for years in order to renew their salaries significantly worse than the rate for public sector workers.
beneficiaries pay benefits for specific groups of officials were not or not fully apply to the judiciary. Through the implementation of non-proportional Remuneration policies in the past, the distance requirement has been violated several times.
• By European standards, the German move salaries for judges at the bottom.
• Particularly serious was the treatment of child-rich families judges by the legislature. Since 1998 until very recently, the Order of the Federal Constitutional Court have not been endorsed to provide for constitutional officers and judges Alimentation of families with more than two children.
This non-exhaustive list shows that the remuneration and pensions of judges and prosecutors in Germany, especially from restrictions was affected and was disconnected from the overall economic development both in national and European level. Judges currently provide an unreliable sacrifices.
The design of the R-grade but may have, for constitutional reasons not dependent on the cash position will be made. Apart from this, the total income from federal and state governments have in the years 2007 and 2008 compared to the preceding period improved significantly, without this the law has led to federal and to a reduction of salaries and pensions cuts.
from the employer owed alimentation is not the extent of its variable size that can be easily on the economic possibilities of the public or political opinions can be measured
urgency. Remuneration and pensions of judges are not saving potential of federal and state governments. Rather, the official measure of adequate payment, the development of general economic and social conditions and the general standard of living. By these standards, the remuneration and pensions of judges and prosecutors is not compatible with the Constitution. This constitutional violation must be removed urgently.
Even the respect of the judicial dictates that the necessary arrangements be made promptly and adequately.
an unaltered grade position also leads to a loss of competitiveness of the judiciary when it comes to attracting highly qualified lawyers for the Judicial Service.
The company needs now more than ever responsible, motivated, professionally and socially competent personalities in the judiciary. It is for the service men in federal and state governments to create the necessary framework for it. This obviously includes the provision of adequate salaries.
We therefore expect not only that the constitutionally required Mindestalimentation the judge and prosecutors in Germany are finally paid back, can but that the R-grade in total increased significantly, including expectations of future inflation for the past few years, and on adapting to the professional development of comparable income groups outside the public service
so that they can withstand a European comparison.
The judicial function is to be recognized. The value society attaches to reflect in the amount of the R-grade.
This requires a restructuring through only for judges and prosecutors applicable laws alone commanded.
If the previous legal concept of joint control of civil servants and judges receive salary is, for Alimentation the activity in the Third violence according to their nature and importance of adequately evaluated. The salary for the previous grade R 1 must therefore be raised to an imbalance with respect to the payment of administrators back in balance in the final stage. On this basis, the R-grade considering the distance from transport offices bid is to be established.
is in terms of Alimentation child-rich judges families to point out that the demand calculation for third and additional children after the decision of the Federal Constitutional Court in 1998 of at least 115% of the average social welfare overall legal requirements must base. This is the constitutionally absolute minimum. The legislators should be child-rich families, however, judges do not explain the social welfare legal requirements at the material basis of calculation. Because judges are to pay alimony according to their position as representatives of the independent third party violence. This also includes their families.
regard, it is unacceptable, the judges of child-rich families Alimentation because of increased needs only to align the rate of welfare.
judges and prosecutors in Germany do a good job. You have a right to have this reflected in their pay. Therefore, have the DRB and the BDVR
decided to issue this joint statement.
The BDVR held back in the past with statements consciously BesoldungsundVersorgungsfragen. This was also done in the knowledge that have to decide on issues in this regard administrative judge. He gives his reticence with the position paper to understand because the judicial colleagues and the pain level is now reached.
signed by Dr. Chris Heydemann, signed by Christopher Frank,
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