Compensation of lay judges
Die Compensation of lay judges encompasses the statutory regulations regarding financial compensation for individuals serving as lay judges (also referred to as lay assessors or non-professional judges) in court proceedings. The purpose of the compensation is to offset the time and economic burdens associated with this voluntary position. In Germany, compensation for lay judges is a key element of recognizing their civic engagement in the justice system.
Legal basis for the compensation of lay judges
Statutory basis: Judiciary Remuneration and Compensation Act (JVEG)
The compensation of lay judges is governed by the Judiciary Remuneration and Compensation Act (JVEG) . The JVEG applies to all lay judges serving on German courts, including lay judges in criminal proceedings, lay judges at labor courts, administrative courts, social courts, and tax courts.
Scope of application
The JVEG defines the entitlements and eligible groups of persons as well as the grounds which entitle individuals to compensation. It applies regardless of whether the individual participates as an employee, self-employed person, unemployed person, or retiree.
Eligibility requirements for compensation
Appointment and service as a lay judge
An entitlement to compensation exists as soon as a person is appointed or elected as a lay judge and is called upon to exercise the office, for example, to participate in hearings, deliberations, or taking of evidence.
Reimbursable expenses
Reimbursable expenses include:
- Loss of time
- Loss of earnings
- Travel expenses
- other expenses (e.g., meals and accommodation costs)
- Additional expenses for managing one’s own household
- Care for dependents
Types and calculation of compensation
1. Compensation for loss of time
Lay judges receive compensation for the time spent. This is defined as “time compensation” under the JVEG. The current standard rate is 4.00 euros per hour (§ 16 JVEG). The period starts upon arrival at the hearing location and ends when the hearing concludes, plus any waiting time caused by the court.
2. Loss of earnings
If the activity as a lay judge results in a Loss of earnings loss of earnings, this will also be reimbursed (§ 18 JVEG). The amount is either the actual lost gross income or a maximum of 29 euros per hour. Proof from the employer is required. For self-employed persons, a flat-rate compensation of up to 29 euros per hour may be granted.
3. Travel and transportation expenses
Die Reimbursement of travel expenses is provided in accordance with the provisions of the JVEG (§§ 5, 6 JVEG). In principle, costs for public transportation are reimbursed. If a private vehicle is used, a mileage allowance applies (currently 0.35 euros per kilometer). Necessary overnight stays, parking fees, or taxi costs are also covered under certain conditions.
4. Reimbursement of other expenses
Lay judges are reimbursed for other expenses such as meals (e.g., during longer sessions) according to the rates specified in the JVEG and subject to the substantiation requirements.
5. Compensation for additional household expenses
For additional household management expenses, a flat-rate compensation of up to 17 euros per hour can be granted (§ 17 JVEG), provided that no adequate compensation for loss of earnings is possible and the person manages their own household.
6. Care costs
Necessary care costs for dependents in need of care, children, or persons living in the household can be applied for and reimbursed as necessary expenses, provided these are directly related to the exercise of the volunteer position.
Tax treatment of compensation
Compensation payments are generally not subject to social security contributions. For tax purposes, they are not considered wages, but are subject to income tax under § 22 No. 3 EStG (other income) only if the total compensation exceeds the tax allowance or is not purely reimbursement of expenses.
Application procedure and payment
Application and proof
Compensation claims must be submitted in writing to the court responsible in each case. Proof of loss of earnings (e.g., employer certificates), travel receipts, or other expenses must be attached. The standard deadline for submitting an application is three months after the end of the voluntary activity (§ 2 JVEG).
Payment
After review, payment is made by the justice administration, typically to the account specified by the applicant. Payment requires that all necessary documents are submitted.
Exclusion of compensation claims
Entitlement to compensation exists only for periods of actual participation in hearings or equivalent waiting times. There is no entitlement for voluntary preparation or follow-up, private overnight stays, or independent travel outside of court instructions. Compensation is also excluded if the activity is already remunerated otherwise or such claims arise from other legal relationships.
Special provisions for specific courts
Special rules apply to lay judges with particular responsibilities (e.g., lay judges at federal courts, in cartel law, or in military service courts). In some cases, the relevant procedural laws provide for supplementary regulations or special entitlements.
Significance of compensation for the work of lay judges
Appropriate compensation is an essential factor for the efficiency of the administration of justice, as it encourages participation in volunteer work and prevents social hardship. The regulations ensure that lay judges are not financially disadvantaged by taking on this role. They also ensure the broadest possible participation of society in the judicial system.
Literature and further information
- Judiciary Remuneration and Compensation Act (JVEG)
- Courts Constitution Act (GVG)
- Labor Court Act (ArbGG)
- Social Court Act (SGG)
- Administrative Court Rules (VwGO)
- Financial Court Rules (FGO)
- Income Tax Act (EStG), § 22 No. 3
Summary
Die Compensation of lay judges is comprehensively regulated by the Judiciary Remuneration and Compensation Act. It ensures compensation for loss of earnings, necessary expenses, and other costs associated with exercising the office, forming a central element of the functionality of the German judicial system.
Frequently Asked Questions
How is the compensation for lay judges structured?
Compensation for lay judges is essentially determined by the Judiciary Remuneration and Compensation Act (JVEG). In addition to reimbursement of expenses (e.g., travel expenses), lay judges receive compensation for loss of time, which is currently 29 euros per day (§ 16 JVEG). The court additionally reimburses actual travel expenses (currently 0.42 euros per kilometer if using a private vehicle, according to § 5 JVEG) and, under certain circumstances, other expenses such as overnight stays or child care, if these are caused by court service (§§ 6 and 7 JVEG). Loss of earnings is reimbursed under § 18 JVEG up to the proven net loss, with a maximum cap. Compensation claims must be asserted with the respective court office.
In which cases are lay judges entitled to reimbursement of loss of earnings?
An entitlement to reimbursement of loss of earnings arises whenever the lay judge actually loses income due to participation in a court hearing. This particularly affects employees, the self-employed, and freelancers. According to § 18 JVEG, the net loss of earnings will be reimbursed up to a statutory maximum (currently 29 euros per hour, maximum 85 euros per day), provided the loss is substantiated—for example, by an employer’s certificate or appropriate accounting for the self-employed. The entitlement does not extend to lost overtime, work outside regular working hours, or income not otherwise due.
What expenses can lay judges have reimbursed in addition to compensation?
Lay judges are entitled to reimbursement of necessary and reasonable expenses according to §§ 5-7 JVEG. These include travel costs (0.42 euros per kilometer for private car use, tickets for public transportation at actual cost), necessary expenses for meals (for full-day absence at the statutory flat rate), accommodation costs if an overnight stay at the court location is objectively necessary, and costs for the supervision of children or dependents in need of care. The necessity and appropriateness of expenditures must be substantiated. For travel by private car or public transport, a logbook or tickets must be attached as proof.
Are there any tax peculiarities concerning the compensation for lay judges?
Compensation and reimbursement of expenses are generally not subject to income tax if they are granted solely to cover additional expenses in connection with the voluntary activity (§ 3 No. 26a EStG in conjunction with § 3 No. 12 EStG). Reimbursement of loss of earnings can, however, be taxable in certain cases, especially if tax exempt amounts are exceeded or payments exceed actual expenses and thus include a profit element. In case of doubt, it is advisable to consult the responsible tax office or a tax advisor.
How and when must claims for compensation and reimbursement of expenses be asserted?
Claims for compensation and reimbursement of expenses must generally be asserted without delay, but no later than three months after the end of service, in writing, to the office of the responsible court (§ 2 (1) JVEG). An informal application is possible, but in practice a standardized form is usually available. The necessary evidence (e.g., tickets, employer certificates, receipts) must be attached. After the deadline, entitlement to compensation lapses.
Which legal regulations govern the compensation of lay judges?
The statutory basis for the compensation of lay judges is primarily the Judiciary Remuneration and Compensation Act (JVEG). Supplementary administrative provisions and any state regulations may also apply. For individual court branches, such as labor or social courts, there are sometimes specific provisions in the respective Courts Constitution Act, which generally refer to the JVEG regarding compensation.
Can lay judges waive their entitlement to compensation?
A general waiver of statutory compensation entitlements is legally permissible but must be made expressly and unmistakably. Most courts require a written statement for legal certainty. A waiver of individual types of compensation (e.g., only for loss of earnings or only for travel reimbursement) is possible. It should be noted that waivers must not cause civil or tax disadvantages; voluntarily given waivers are irrevocable and apply to the specific service period.
