Economic specification of the recent jurisprudence of the Federal Constitutional Court on the calculation of remuneration; Methodology and creation of a database

In its rulings on A- and R-remuneration (2015), the Federal Constitutional Court established, for the first time, concrete economic parameters that enable the calculation of remuneration appropriate to the office in question. In a three-step procedure, the appropriateness of remuneration is first determined on the basis of an examination of precisely quantifiable comparison parameters. These include the income development of employees subject to collective wage agreements, the nominal wage index as an index of overall economic income development, the consumer price index/real income development, the prohibition of disparities between remuneration groups/experience levels and the social minimum wage, and comparisons with the Federal Government and the other Federal States. In the second step, the presumption can then be confirmed or refuted by means of further criteria. In the third step, the question of whether a determined undernourishment can be justified by the existence of special conditions, such as a household emergency, is then examined.

(Publication is in German.)

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