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Sorainen Represents Retired Estonian Judges in Challenge to Austerity Measures

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Sorainen has represented 17 retired Estonian judges in their challenge to new legal amendments adopted by the Parliament of Estonia (Riigikogu) introducing a new indexing system for judges’ pensions.

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2014, the Supreme Court en banc declared the cuts in judges’ pensions during the austerity period unconstitutional and repealed the challenged provisions with retroactive effect. 

According to Sorainen, the court ruled that the legislature had not sufficiently 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 may be potentially relevant to other austerity measures. 

The judges were advised by Sorainen Partners Allar Joks and Carri Ginter.

 

 

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