site.btaConstitutional Court Strikes Down Budget Amendments on Minimum Wage

The Constitutional Court issued a ruling on Constitutional Case No. 15 and the related Cases Nos. 17 and 18. The Court declared unconstitutional the amendments to Article 355, paragraphs 1 to 4, of the Labour Code and to Article 218, paragraph 2, of the Judicial System Act, as contained in the Transitional and Final Provisions of the 2026 State Budget Act, the Court's press service reported on Tuesday. These amendments relate to the "freezing" of the minimum wage and changes in the calculation of length of service, as well as the new formula for the salaries of junior magistrates, which links their pay to that of members of Parliament.

The Court also rejected the request to declare unconstitutional the entire 2026 State Budget Act as well as section 46 of the Transitional and Final Provisions of the 2026 State Budget Act.

The cases were initiated at the request of members of the 52nd National Assembly and the Ombudsman.

Regarding the amendments to the Labour Code, the Court held that the amendment is not directly linked to the revenues and expenditures in the 2026 State Budget.

With regard to the Judicial System Act, the Court held that although the amendment is justified by a general objective and was enacted by law, insofar as it takes effect on July 31, 2026, and alters a long-established legal mechanism for determining the salaries of judges, prosecutors, and investigators, it exceeds the constitutionally permissible link to the 2026 State Budget Act. The amendment violates the constitutional requirement of Article 133 of the Constitution regarding the stability of the status of judges, prosecutors, and investigators.