Commensurate remuneration for judges in times of budget cuts: An analysis of judicial independence and overtime compensation

Abstract

This case commentary examines the CJEU judgment in HZ v Tribunalul Galați (C-272/24), focusing on whether national austerity measures - in this case, mandating compensatory rest instead of financial remuneration for judicial overtime - are compatible with the principle of judicial independence under Article 19(1) TEU. While the CJEU accepts deficit reduction as a legitimate objective of general interest, such measures must be part of a non-discriminatory framework that does not target the judiciary in isolation. Crucial is the requirement that remuneration must remain sufficient to preclude public doubt regarding judicial independence. The commentary concludes that the HZ v Tribunalul Galați judgment provides a pragmatic refinement of the Court's case law by allowing non-monetary compensation, provided such rest is practically accessible. Notwithstanding certain caveats, the judgment serves as a vital safeguard for the separation of powers in Member States like Romania and Belgium, where chronic understaffing and fiscal pressures threaten to render the right of judges to commensurate remuneration merely theoretical.