The paper critically analyses the Constitutional Court's decision Pl. ÚS 20/15 in which the Constitutional Court granted the constitutional complaint, filed by the state for the violation of the right to a fair trial through the Supreme Court's decision of 29 December 2014 Ref. No. 21 Cdo 1440/2014-456, on the salaries of judges, explaining why a state should not be seen as holding fundamental rights and freedoms.