## Facts

- The Portuguese government enacted austerity measures resulting in reductions in judges' salaries.
- Associação Sindical dos Juízes Portugueses, representing Portuguese judges, challenged these salary reductions, asserting they compromised judicial independence.
- The Portuguese Constitutional Court referred a preliminary question to the Court of Justice of the European Union (CJEU) regarding the compatibility of the salary reductions with EU law and the Charter of Fundamental Rights.
- The referral focused on whether Article 19(1) TEU requires member states to protect judicial independence as part of ensuring effective legal protection under EU law.

## Issues

1. Whether reducing judges' salaries in Portugal infringed the principle of judicial independence under EU law.
2. Whether Article 19(1) TEU obliges member states to guarantee judicial independence as a component of effective legal protection.
3. Whether national measures affecting judicial remuneration that are unjustified or disproportionate could undermine the effective judicial protection required by EU law.

## Decision

- The CJEU held that judicial independence is essential for effective judicial protection under Article 19(1) TEU.
- Member states are required to safeguard the independence of their national courts when interpreting and applying EU law.
- Unjustified or disproportionate reductions in judges’ salaries may undermine judicial independence.
- National courts must determine whether judicial salary reductions are objectively justified and proportionate, considering the context, scope, and duration of such measures.
- If national legislation undermines judicial independence and is incompatible with EU law, those provisions must be set aside.

## Legal Principles

- Judicial independence is fundamental to the rule of law and to the effective judicial protection required by Article 19(1) TEU.
- Effective judicial protection requires an independent and impartial judiciary, encompassing appropriate remuneration and protection from external pressures.
- Member states have discretion over judicial remuneration, but such discretion is limited by the obligation to protect judicial independence under EU law.
- Unjustified or disproportionate reductions in judges' remuneration may breach the requirements of judicial independence established by EU law.

## Conclusion

The CJEU confirmed that Article 19(1) TEU obliges member states to protect judicial independence, including safeguarding against unjustified or disproportionate reductions in judges’ remuneration, to maintain effective judicial protection under the EU legal order.


Associação Sindical dos Juízes Portugueses v Tribunal de Contas (Case C-64/16), ECLI:EU:C:2018:117