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Freezing of magistrates' salaries/Judges and prosecutors joint statement: The Constitutional Court's decision is being challenged

2026-09-05 20:19:18Aktualitet SHKRUAR NGA REDAKSIA VOX
Freezing of magistrates' salaries/Judges and prosecutors joint statement:
The Supreme Court building

The Union of Judges, the National Association of Judges and the Association of Prosecutors express deep concern over the non-payment of salaries of magistrates, justice officials and judicial administration and prosecution personnel.

In a joint statement, they express concern about the way responsible institutions are justifying the blocking of payments.

According to them, the Constitutional Court had set July 31, 2026 as the deadline for the approval of legal amendments and had also foreseen the mechanism that would be implemented in the event of the Assembly's inaction.

The Supreme Court and the Supreme Administrative Court have taken the relevant decisions on the calculation of salaries, but the payment orders have not been executed. The associations oppose the request that the payments be calculated according to the old formula, since the Ministry of Justice itself has admitted that that formula has been abolished. They consider this situation a legal contradiction and ask the Ministry of Finance to clarify the basis on which it requests the implementation of the previous formula.

The statement emphasizes that the inaction of the Assembly cannot be used as a reason to suspend the effects of a decision of the Constitutional Court. The three organizations demand the immediate execution of salaries, respect for the constitutional decision, and the implementation of the decisions in force of the Supreme Court and the Constitutional Court.

Joint statement of the Union of Judges, the National Association of Judges and the Association of Prosecutors:

The Union of Judges, the National Association of Judges and the Association of Prosecutors express their deep concern about the continued non-execution of salaries of magistrates, officials of the justice system bodies and personnel of the judicial administration and the prosecution, as well as about the way in which this situation is being justified by the responsible institutions. The Constitutional Court had given the Assembly a deadline of July 31, 2026 to approve legal amendments and not simply to file initiatives for such amendments. In paragraph 110 of decision no. 15/2026, the Court expressly provided for the situation of inaction of the Assembly, referring the calculation mechanism to the functionary of the high public administration. After the end of this deadline, the Supreme Court of Justice and the Supreme Court of Justice have taken the relevant decisions to specify the calculation of salaries. The Supreme Court and the Supreme Court have not taken away the Assembly's authority to make salary policy, they have concretized the consequences of a constitutional decision after the deadline set for the legislator had expired. After the unprecedented blockage of payments calculated according to the formula determined by the Constitutional Court, the Minister of Finance has officially requested the Supreme Court and the Supreme Court to send the Treasury Directorate the payment orders calculated according to the previous formula. Meanwhile, the Minister of Justice has publicly admitted today that this formula has now been abolished and that the Assembly must intervene to fill this "gap". Here lies a contradiction that cannot be overlooked: if the old formula has been abolished, on what legal basis are the Supreme Court and the Supreme Court required to send the Treasury Directorate payment orders calculated precisely on that formula?

The situation is quite clear. After July 31, 2026, the implementation of a formula that the Council of Ministers, through the Minister of Justice, publicly acknowledges is no longer in force cannot be required, while leaving the mechanism established by the Constitutional Court itself unimplemented. Equally important is that the decisions of the Supreme Court and the Constitutional Court, as long as they have not been judicially challenged, are acts in force and must be respected and executed by the responsible institutions. The new legislative initiative filed by two members of the Assembly must also be assessed very seriously, both for the fact that the legal amendments are required to be approved significantly after the end of the deadline set by the Constitutional Court, and for the content of the draft law. This initiative cannot be used to justify the blocking of salaries today. The execution of magistrates' salaries cannot remain hostage to waiting for a new law, or to the inaction of the Assembly. The legal change that the Assembly had to adopt by 31 July 2026 was an obligation for the implementation of the Constitutional Court's decision, not a condition on which the entry into force of its effects depended indefinitely. 2 The Court itself determined that the effects of the repeal would enter into force, in any case, no later than 31.07.2026, and provided for the concrete mechanism that would be implemented in the event of the Assembly's failure to act.

Therefore, the claim that after July 31 the adoption of the law should be expected again means giving the Assembly, through its inaction, the power to postpone a deadline set by the Constitutional Court. The inaction of the Assembly cannot be transformed into a de facto veto on the effects of a constitutional decision. If it is accepted that the inaction of a power can suspend the effects of a decision of the Constitutional Court, then the very authority of the Constitution is called into question.

For these reasons, the Union of Judges, the National Association of Judges and the Association of Prosecutors request:

– Immediate execution of magistrates' salaries and not making them conditional on the adoption of a new law;

– That the Ministry of Finance clarify on what legal basis it requires the implementation of a formula that is now accepted to have been abolished;

 – Respect for decision no. 15/2026 of the Constitutional Court and the implementation of the mechanism determined by the Constitutional Court for the period after July 31, 2026;

– Execution of decisions of the Supreme Court of Justice and the Supreme Administrative Court, as long as they are in force;

– That any legal intervention by the Assembly must, clearly and unequivocally, not produce a more unfavorable result than the standard already established by the Constitutional Court.


Në përputhje me standarded JTI

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