Judges in Saarland are suing the Constitutional Court against low salaries

Judges in Saarland are suing the Constitutional Court against low salaries

On July 16, 2025, 58 Saarland judges and public prosecutors submitted their complaint to the Federal Constitutional Court to challenge what they considered to be inadequate salaries. This complaint is dated April 2025 and relates to the lowest salary level R1. The plaintiff lawyers criticize a law that was passed by the state parliament in April 2024. This law adjusts the salaries of Saarland civil servants and judges to the nationwide collective agreement for the public service from the end of 2023.

The provisions of the law provide for inflation compensation payments and salary adjustments in two steps: an increase of 200 euros per month in November 2024 and an increase of 5.5 percent, which came into force at the beginning of February 2025. However, the judges argue that these adjustments perpetuate an unconstitutional maintenance of judges and prosecutors.

The problem of salary

In their complaint, the plaintiffs demand differentiated pay between “simple senior and higher civil servants” and judges. They emphasize that judges have a special independence, which is of fundamental importance according to the Basic Law. This independence requires appropriate remuneration that does justice to the great responsibility of judges, who deeply interfere with the fundamental rights of citizens.

The starting salary of a judge in Saarland is currently EUR 4,847.46 gross per month, which is considered inadequate compared to other senior civil servants. Even after several years of service, the income of judges is usually lower than that of deputy rectors or senior directors of studies. This situation is particularly serious in Saarland, where judges' salaries are low compared to other federal states.

Constitutional context

With regard to the legal basis, the plaintiffs rely on the alimony principle, which obliges the employer to provide an adequate living wage for judges and public prosecutors. This principle is anchored in Article 33 paragraph 5 of the Basic Law. The legislature must adapt the salaries of judges to the general economic and financial circumstances, as was made clear in a decision of the Federal Constitutional Court of May 4, 2020. According to this decision, constitutional court review of salaries will only be carried out cautiously unless there is obvious inadequacy.

The court examines the salary in two stages, using at least three criteria to determine unconstitutional underpayment. In the past, the remuneration of groups R1 and R2 between 2009 and 2015 was classified as inadequate.

The Saarland judges and public prosecutors therefore want the Federal Constitutional Court to declare the R1 salary regulation for the years 2024 and 2025 as unconstitutional. Its goal is a structural realignment of judges' salaries that does justice to the requirements and responsibilities of the judge's office.