Publication Details

Category Text Publication
Reference Category Reports
Title (Primary) Neuordnung der W-Besoldung auf dem verfassungsrechtlichen Prüfstand
Author Gawel, E.; Aguado, M.
Source Titel Working Paper
Year 2014
Department OEKON
Volume 132
Page To 46
Language deutsch
Abstract In February 2012, the German Federal Constitutional Court declared the salaries of level W2
professors in the State of Hesse unconstitutional due to their lack of sufficient alimentation
power. In the meantime, federal and nearly all state legislators have provided (draft) laws in
order to comply in the future with constitutional requirements. In either case, the new salary
law still rests upon a dual system containing basic salaries (partly tiered) and a merit bonus
component. However, the reform acts provided so far do not succeed in smoothing out existing
alimentation deficits of salary law for professors or even create new constitutionally
doubtful legal provisions. This is particularly due to the fact that legislators both miss a sufficient
level of basic salaries compared to other public servants and try to cover additional
expenses by curtailing given performance bonuses at the same time (“consumption” of old
bonuses). This article provides an overview of current legal activities in the field, analyses the
impacts of new salary law for the constitutional principles of merit, alimentation and nondiscrimination.
Finally, main flaws of new salary law with respect to German constitutional
law are derived from this. It is concluded here that the Federal Constitutional Court definitely
ought to reappraise the federal and state salary law for professors.
Persistent UFZ Identifier
Gawel, E., Aguado, M. (2014):
Neuordnung der W-Besoldung auf dem verfassungsrechtlichen Prüfstand
Working Paper 132
University of Leipzig, Faculty of Economics and Management Science, Leipzig, 46 S.