Pateikti atsakymai į klausimyną rengiamai 2023 metų teisinės valstybės principo taikymo ataskaitai (2023 Rule of Law Report)

LRTA valdyba Europos Komisijos prašymu pateikė atsakymus į klausimyną rengiamai 2023 metų teisinės valstybės principo taikymo ataskaitai (2023 Rule of Law Report). Atsakymuose, be kita ko, akcentuota teisėjų atlyginimų „užšaldymo“ problema (tekstas anglų kalba): „The situation related to the salaries of judges has become extremely bad in 2022. As it was indicated in 2021 Report, Lithuanian judges are the most 2008-2012 crisis-targeted group among highly ranked public officials. The salaries of judges were reduced in 2009 as part of general austerity measures. The salaries of judges have been raised only by 5 % (netto) since the reduction (with an exception of district courts` judges which salaries have been raised by 10,4 %) and in 2022 hasn`t reached the 2008 level (!) notwithstanding 47 % inflation during the same period^[1] and general rise of average monthly wages in the country by almost 3 times during the same period^[2]. At the same time salary coefficients of other high ranked public officials have been raised by 13 % at minimum. The lack of consistent approach lead to abnormal situations. <…> In our view, such long-term judicial salaries` policy does not correspond to the criteria established by the ECJ in the case C-64/16 Associação Sindical dos Juízes Portugueses. The community of judges is very much disappointed by the long-term government`s inaction to solve the issue. First, it was an increase in number of judges who left the profession not for retirement reasons in 2022. By reasoning their decisions some of them publicly indicated that the judicial salaries had become not proportional to the workload and responsibilities^[3].  Second, dozens of judges sued the State for damages requiring to compensate their losses suffered as a consequence of the long-term government`s policy in the sphere of judicial salaries^[4]. The court dealing with that case has recently referred the question to the Constitutional Court^[5]. A big number of judges are seriously considering to join the lawsuit. The long–lasting and targeted “freezing” of judicial salaries caused a significant damage to the prestige of the profession of a judge. Recent latest (2022) selections of candidates to judicial positions revealed the lack (if any) of competition. For instance only 18 candidates expressed their interest in the call for applications for 12 vacant judicial positions at Vilnius district court; only 9 candidates (some of these candidates at the same time were also applying to Vilnius district court) expressed their interest in the call for applications for 12 vacant judicial positions at Kaunas district court.  The Bureau of the consultative Council of European Judges provided in the Report on judicial independence and impartiality in the Council of Europe Member States of 30 March 2020, provided that “Remuneration of judges in Lithuania is not commensurate with their profession and responsibilities and that as a result they may not be sufficiently protected in terms of their independence and vulnerability to external pressure”^[6]. However, the problem remains and the situation is getting worse. The Lithuanian Association of Judges indicated that in its public statement of 4 July 2022^[7]. The Society of Lithuanian Lawyers (which is the oldest  and most influential non-governmental organisation of all persons working in the field of law) expressed the same concern in November 2021^[8].”