OREANDA-NEWS. July 07, 2014. SORAINEN represented 17 retired judges in constitutional review proceedings challenging new legal amendments adopted by the Parliament of Estonia (Riigikogu) introducing a new indexing system for judges’ pensions.

The administrative court satisfied the applicants’ complaint in January 2014 and sent the case to the Supreme Court which has the power to repeal unconstitutional provisions in full. On 26 June 2014 the Supreme Court en banc declared the cuts in judges’ pensions during the austerity period unconstitutional and repealed the provisions in question with retroactive effect.

The ruling stresses that the legislator had not duly justified unequal treatment and was acting contrary to the principle of legitimate expectations. Judges’ pensions are not merely a social privilege but also a universal guarantee that judges can administer justice independently and without outside influence in accordance with the Constitution, the laws and their conscience. The court also found that a situation where regardless of any general wage increases the salaries of judges will remain at the same level may in the long term seriously threaten the sustainability and independence of the judiciary. The dispute has been widely discussed in the Estonian media.
The ruling could have far-reaching effects as in principle its reasoning is relevant to other austerity measures, allowing for any differences.

The clients were advised by partners Allar Joks and Carri Ginter.