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Deadlock with salaries in the justice system, Sadushi: The government cannot suspend the Constitutional Court's decision

2026-09-10 11:14:14Aktualitet SHKRUAR NGA REDAKSIA VOX
Deadlock with salaries in the justice system, Sadushi: The government cannot
Sokol Sadushi

Speaking at an extraordinary meeting of judges on the salary impasse in the judiciary, the head of the Supreme Court, Sokol Sadushi, said that the Parliament's inaction on the new salary formula cannot give the government the right to suspend the effects of a decision of the Constitutional Court. He stressed that final decisions can be criticized or disliked, but they must be implemented.

"The separation of powers is not the division of the state into opposing camps, but it is the way in which democracy distributes power, so that no one has it all. The relationship between the powers cannot be built on superiority, subordination or distrust, but on mutual respect for constitutional powers. Each must be strong within its limits: the Assembly in legislation, the executive in governance and the judiciary in administering justice, independent of any interference. None is above the other and none is below the other. All are under the Constitution.

Here lies the difference between political conflict and constitutional control. A judicial decision may be disliked, criticized, or even considered wrong. Meanwhile, when it is final, it is not a proposal that is implemented only if the other power is convinced of its justice. From that moment on, it is no longer a question of whether we agree with it, but only of how it will be implemented.

The inaction of the Assembly cannot give the executive the right to suspend the effects of a decision of the Constitutional Court. Otherwise, the power of the decision would depend on the will of the body that must implement it. In a state of law, the opposite happens. The state body is subject to the decision, not the decision to the will of the state body.

The way institutions behave in the face of such a decision shows the real level of our constitutional and European culture. Albania seeks to become part of the European Union, but integration is not just a legal process or a political destination. First and foremost, it is an institutional culture: respect for the rule of law, court decisions, the separation of powers and the independence of the judiciary.

It is not enough to approximate laws, because we must also approximate the way in which institutions understand and respect their boundaries. The European mentality is tested precisely when a decision is implemented even though it is not liked. The rule of law is not measured by the willingness to implement decisions that benefit us, but by obedience to the Constitution, when implementation is difficult. European laws, without a European institutional culture, are not enough.

The same culture should be reflected in the way we talk about justice. Criticism of courts and their decisions is legitimate. No judge and no court is above criticism, but between criticism and denigration there is a line that should not be erased. The rule of law is not built by weakening or anathematizing justice. Whoever thinks that a weaker judiciary serves the interest of the moment should remember that tomorrow there may be a need for a strong, impartial and independent judge from the government, parliament, media and the pressure of public opinion. It is precisely this judge that we must protect today", said Sadus hi.


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