Case: Case C-64/16, Associação Sindical juízes portugueses

Descriptors:  Remuneration Reduction in the national public administration / Judicial independence 

In the case, the Associacao Sindical juízes protugueses (ASJP), on behalf of different members of the Tribunal de Contas, brought before the Court a claim in which they considered that the approval of Law nº 75/2014, reducing public servants salaries, constituted a clear infringement of the judicial independence regulated in article 19.1 TEU.

The substance of Court of Justice of European Union judgment quotes its jurisprudence about judicial Independence, as well as the multiple typologies of guarantees that European Treaties recognize in order to preserve the judicial independence principle as well as the European Union's democratic nature. Between these guarantees, a stable and worthy remuneration develops an essential function.

At the present case, despite the fact that it has effectively existed a reduction in judge’s salaries, the Court of Justice of European Union contextualized the Portuguese government's decision. In this sense, the Court considered that the salaries reductions occurred in a context of economic austerity, where the European institutions mandated the reduction of member states' public deficits. Definitely, the Portuguese law was not approved aiming to reduce or impose any limit to judges' independence.

In conclusion, according with that contextual interpretation, and considering the reasons given for the Law's approval, which were principally based in European economical mandates, and also attending to the general application of salaries reductions, the Court didn’t appreciate any infringement of article 19.1 TEU. 

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