Judge sues for more salary - and fails: Do OLG judges really earn too little?

Court finds salary still okay

An OLG judge in Karlsruhe wanted more money - and a good one at that. He wanted to have his salary increased retroactively for ten years. His reasoning: His pay was unconstitutionally low and not enough to live a decent life with his family. However, his colleagues at the Administrative Court in Karlsruhe took a completely different view - and dismissed the claim.

The man, married and father of two children, is classified in salary group R2 - by no means in the lower salary league. Nevertheless, he felt underpaid and referred to the alimentation principle, i.e. the constitutionally guaranteed right to a livelihood commensurate with his position. However, the judges at the administrative court found: The salaries are within limits - (still).

R2 salary: Between robe and reality

Anyone who thinks judges' salaries are princely may be surprised by this case: judges in Baden-Württemberg currently earn between around 6,400 and 8,800 euros gross per month in salary group R2 - depending on their professional experience. In 2012, the starting salary was even just over 4,600 euros.

That's not a small amount, but it's not extravagant either - especially in comparison with the economy. And: with a family, children and rising living costs, there is often less leeway than expected. The complaining judge therefore argued that his lifestyle was no longer compatible with the necessary dignity with the salary - but the administrative court disagreed. The pay was comparable to the pay increases in the public sector, the gap to other salary groups was "still" maintained and there was no discernible lag in relation to general wage development.

Particularly interesting: The plaintiff had simply lodged an objection too late for the years 2012 and 2013 - there was nothing more to be gained formally anyway.

Will the ruling become a precedent - or a farce?

The judges in Karlsruhe at least conceded that the gap between the lower and higher pay grades is increasingly narrowing. This is called "compression" in the administration. Nevertheless, the gap is (still) acceptable. But it is precisely this "still" that makes you sit up and take notice: How long will it still be "sufficient"?

And what about the EU? In 2022, the EU Commission criticized the fact that German judges are poorly paid compared to other European countries - especially in view of the shortage of skilled workers in the judiciary. Young lawyers often prefer to opt for more lucrative jobs in law firms or companies. So the debate is not off the table - on the contrary: it will only really get going now.

Those who speak the law should also be paid fairly!

One thing is clear: anyone who bears responsibility for law and justice as a judge should not have to stand in court like a petitioner to check their own pay. The fact that the colleague in Karlsruhe has now failed with this may be legally correct - but morally and politically, the matter is not off the table.

The judiciary must become more attractive, and this includes fair and sustainable pay. If the state expects top lawyers to dedicate their careers to the common good, it must also remunerate them accordingly - otherwise no one will be wearing the robes any time soon.