Remuneration of contract staff: the principle of equality may now be invoked before the administrative courts. Council of State, 6 May 2026, No. 505835.

Key takeaways:

Until now, the remuneration of contract staff was largely a matter for the administration’s discretion.

However, the Council of State has clarified that the principle of equality can be invoked to challenge pay disparities between contract staff members.

This decision marks a significant development in civil service litigation.

Why is this decision important?

The Council of State ruled that:

Even when the administration has discretionary power, the principle of equality still applies;
A difference in treatment cannot, therefore, be justified solely by the administration’s freedom of discretion.
Limits highlighted by the Public Rapporteur

The principle of equality does not mean that all remuneration must be identical.

For a legal challenge to succeed, it must be demonstrated that:
• the staff members are in a truly comparable situation;
• the difference in treatment is not objectively justified.

However, the administration retains the right to adjust its remuneration policy for the future, provided it can justify the changes.

What this means in practice

According to the Public Rapporteur:

Two individuals recruited for the same position, with the same educational background and no prior professional experience, must receive identical pay. However, pay differences justified by the duties performed, experience, qualifications, or the staff member’s performance remain entirely permissible.

Conclusion

This decision opens a new avenue for challenging the remuneration of contract staff, which should prompt public authorities to exercise caution when setting pay levels for the contract staff they recruit.

However, it does not call into question the Council of State’s decision of June 26, 2023 (No. 458775), which acknowledged that pay differences between civil servants and contract staff could be legally justified by the difference in employment status.