XI. CONDITIONS OF EMPLOYMENT OF JUDGES


a) Salary and Allowances


Article 71
  
The President of the Constitutional Court is entitled to a salary and additional allowance based on such office in the amount determined for the President of the National Assembly. A Constitutional Court judge is entitled to a salary and additional allowance based on such office in the amount determined for the Vice-President of the National Assembly. The salary of the Secretary General of the Constitutional Court is determined by the Constitutional Court as a proportion of the salary of a Constitutional Court judge.

Article 72
  
Constitutional Court judges are entitled to compensation in the amount of their salary for the period of their annual leave.

2. Years of Service and Social Insurance

Article 73
  
The period a Constitutional Court judge performs his office is counted in his years of service. During the period in which he performs his office, a Constitutional Court judge is covered by social insurance in accordance with the social insurance regulations which apply for persons in employment relationships.

3. Other Personal Remunerations and Reimbursements

Article 74
  
(1) Constitutional Court judges are entitled to:
- reimbursement of travel expenses to and from work;
- reimbursement of expenses related to business trips (daily allowance, travel expenses, accommodation expenses);
- allowance for meals during work time;
- pay for annual leave;
- allowance for living apart from one's family;
- reimbursement of travel expenses for travelling between a residence provided by the employer and one's permanent residence on non-working days;
- reimbursement of expenses for moving from one's permanent residence to a residence provided by the employer, and vice versa;
- reimbursement of expenses related to education;
- a bonus based on years of service;
- a retirement bonus.

(2) The conditions for and the amounts of the remunerations and reimbursements referred to in the preceding paragraph are determined by the Constitutional Court.

4. Annual and Other Leave

Article 75
  
(1) Constitutional Court judges are entitled to annual leave of 40 working days.

(2) Constitutional Court judges are entitled to up to 7 days of paid extraordinary leave for personal reasons each calendar year.

(3) In exceptional cases, Constitutional Court judges may be approved up to 30 days of extraordinary leave for each calendar year.

(4) The instances and conditions referred to in the preceding paragraphs are determined by the Constitutional Court.

5. The Rights of Constitutional Court Judges after the Termination of Their Term of Office

Article 76
 
A Constitutional Court judge who held the office of court judge or other permanent office in a state authority when he was elected Constitutional Court judge has the right after the termination of his office of Constitutional Court judge to return to his previous office, if he fulfils the conditions for performing such office and if within three months of the termination of his office of Constitutional Court judge he notifies the competent authority that he would like to return to his previous office.

Article 77
 
A Constitutional Court judge who was regularly employed in a state authority, public corporation, or public institution when he was elected Constitutional Court judge has the right to return to the position he had held or to another position appropriate to his professional field and level of education within three months of the termination of his office of Constitutional Court judge.

Article 78
 
(1) A Constitutional Court judge whose office has terminated and who for objective reasons cannot return to his previous office or find other suitable employment, and does not fulfil the minimal conditions for the right to the full amount of an old age pension according to the regulations on compulsory pension and disability insurance or special regulations on the right to an old age pension, has the right to compensation in the amount of 80% of the last monthly salary that he received when performing the office of Constitutional Court judge until he assumes public office, is employed, starts performing a profit-making activity, or fulfils the above-mentioned conditions for retirement, but for no longer than one year from the termination of this office. If a judge of the Constitutional Court received salary compensation instead of the last salary, the salary compensation under this Article is calculated on the basis of the last monthly salary that he would have received if he had been performing his office.

(2) The right to salary compensation referred to in the preceding paragraph may be extended until the conditions for retirement referred to in the preceding paragraph have been fulfilled, but for no longer than one additional year.

(3) The period for which salary compensation is received is counted in the years of service for retirement of a Constitutional Court judge whose office has terminated. During such period the judge is covered by social insurance in accordance with the social insurance regulations that apply for persons in employment relationships and he is entitled to a retirement bonus upon retiring.

(4) A Constitutional Court judge whose office terminates less than one year from his election in the National Assembly does not have the right to salary compensation.

Article 78.a

(1) The President of the Constitutional Court decides on the right to salary compensation and the obligations in relation to compensation under this Act. An objection against the decision of the President of the Constitutional Court is allowed within eight days after the decision was served. The Constitutional Court decides on the objection in a closed session.

(2) In order to exercise the right to salary compensation, a judge of the Constitutional Court whose office has terminated must submit to the Constitutional Court an application for the exercise of the right to salary compensation and proof of the fulfilment of the conditions for qualifying for such compensation within 15 days of the termination of his office. In the event he is unable to return to his previous office or position of employment he must demonstrate why such return is not possible. The Constitutional Court decides within 14 days.

(3) The right to receive salary compensation ceases if a judge of the Constitutional Court whose office has terminated before the expiry of the period for which he is entitled to salary compensation assumes a different office, is employed, starts performing a profit-making activity, or fulfils the minimal conditions for the right to the full amount of the old age pension according to the regulations on the compulsory pension and disability insurance or special regulations on the right to an old age pension.

(4) A judge of the Constitutional Court whose office has terminated must notify the Constitutional Court of all income received as payment for work performed during the period he receives salary compensation within seven days after receiving such payment. The salary compensation of a judge of the Constitutional Court whose office has terminated that he is entitled to on the basis of the first or second paragraph of the previous Article is reduced by the amount received after the payment of taxes and compulsory contributions, and such reduction is applied when the first subsequent salary compensation is paid.

(5) While receiving salary compensation, a judge of the Constitutional Court whose office has terminated must not conclude deferred payment agreements or other similar arrangements that would be contrary to the purpose of the right to salary compensation.

(6) If a judge of the Constitutional Court whose office has terminated acts contrary to the fourth or fifth paragraphs of this Article, his right to salary compensation ceases and he must return the amount of salary compensation that was wrongly received.

(7) Salary compensations, social security contributions, and bonuses are paid from the budget of the Constitutional Court.

(8) A fine for a minor offence in the amount of EUR 1,000 is imposed on a judge of the Constitutional Court  whose office has terminated if during the period he receives salary compensation he does not notify the competent authority referred to in the first paragraph of this Article of all income received as payment for work performed (the fourth paragraph of this Article) or if during the period he receives salary compensation he concludes an deferred payment agreement or some other similar arrangement (the fifth paragraph of this Article).

(9) The budgetary inspectors oversee the implementation of the provisions of the fourth and fifth paragraphs of this Article and decide on minor offenses.

6. Salaries, Allowances, Other Personal Remunerations, and Reimbursements in the Services of the Constitutional Court


Article 79
  
Regarding the rights of the Secretary General of the Constitutional Court to allowances, other personal remunerations, and reimbursements, as well as other rights, the regulations which determine such rights for officials in state authorities are applied mutatis mutandis.