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Federal Constitutional Court Rules Berlin’s Civil-Service Pay Unconstitutional From 2008 to 2020

Berlin must rewrite its pay law by March 31, 2027 under stricter court benchmarks.

Overview

  • Karlsruhe found about 95% of Berlin’s A‑pay groups unconstitutional across 2008–2020, with 57.8% of annual net amounts falling below the court’s minimum.
  • The judgment is grounded in the Basic Law’s alimentation principle and codifies a three‑step review including a minimum at 80% of the median equivalised income and regular adjustments to economic conditions.
  • Berlin has until March 31, 2027 to enact a compliant law, and the city’s finance administration says it will bring forward a repair bill.
  • Back pay is limited to the original plaintiffs and to officials who timely challenged their pay and whose claims remain unresolved, meaning no blanket retroactive payments.
  • Fiscal exposure is expected to be substantial, with reports pointing to at least a high nine‑figure sum, and roughly 70 similar cases from other states are pending under the clarified standards.