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The shoemaker is sitting at the shoe.

2026-09-10 21:11:22Pikëpamje SHKRUAR NGA ARDIT KUKA
The shoemaker is sitting at the shoe.
Who is Ardit?

For several days, the organs of the justice system have been in open disagreement with the organs of the executive branch. If this continues, in the coming weeks we can talk about a constitutional crisis. The disagreement stems from the refusal of the Ministry of Finance and the Treasury Directorate to execute Decision No. 15/2026 of the Constitutional Court, in which, this institution as the guarantor of the Constitution concluded that the Assembly has violated the principle of the independence of the judicial branch, because it has violated the salary of magistrates (judges and prosecutors) as its component, in the form of a "secret reduction", with the formula determined by the 2023 legal amendments, which referred to the salary of the President of the Republic. This institution gave the Assembly a 4-month deadline to approve the new amendments, otherwise the formula determined by the Constitutional Court would come into force after 31.07.2026, which essentially refers to the salary of a civil servant (director of a department in the Prime Minister's Office), determined by the Justice Reform laws of 2016. This was the second time that the Assembly suffered a defeat on the same issue in the Constitutional Court. During this time, the Assembly showed indifference and eventually the calculation made by the Constitutional Court began to have effects.

What happened in 2023? During the audit in 2021, the KLSH found that there were violations by the KLGJ regarding the calculation of salaries. Magistrates were paid based on a lower category than that established by law. It requested that measures be taken to restore the violated right. The salary was paid based on category II-a, while the law set it higher at category I-3. In addition to being paid for a lower category, they were also withheld a position allowance of 14,000 lek. The state had unjustly withheld approximately 30,000 lek net per month from the salaries they were entitled to. The legislator retaliated. It amended the law in 2021 with law no. 50/2021 and reduced the reference salary from category “I-3 “director of the general directorate in the Prime Minister or equivalent” to “Director of the general directorate or any other position equivalent to it in the Prime Minister”, making legal, what had so far been made factual. Simply put, magistrates would receive the salary they had received until 2021. For judges, this constituted a violation of the constitutional standard of the inviolability of salary, sanctioned in Article 138 of the Constitution. They appealed to the Constitutional Court and won in 2022. This was not well received by the legislature, which in 2023 changed the salary calculation criteria again, this time by definitively separating it from the civil servant and referring it to the “salary of the President of the Republic, with the coefficient 0.36”. Shortly after this change, the salary of civil servants increased significantly and practically the director of the Prime Minister's office received a salary close to that of a magistrate. Thus, the balance established by law in 2016 was broken, in which magistrates received almost double the salary of the director of the office. This standard was not without purpose. A judge is not a simple civil servant. He is not a public administration employee. The judicial branch is one of the three branches of state power, along with the legislative and executive branches. Which means that the financial treatment must also be similar. So important is this independence that it remains emblematic, universal, engraved in golden letters in Article 16 of the French Declaration of the Rights of Man and the Citizen of 1789: "Any society that does not provide for the guarantee of human rights and the separation of powers has no Constitution". High responsibility also requires decent financial treatment. In addition to Despite the importance of delivering justice, judges have a series of limitations and their salary is their only source of income. That is why they are among the highest paid public officials in the world. The judge's salary is a guarantee for the citizen himself.

The High Judicial Council and the High Prosecutorial Council materialized and concretized what the Constitutional Court had already said, by calculating the salary. Contrary to what is being propagated, they did not set a salary, they did not set a salary for themselves, but based on the reference category cited by the GJK (category I-2) and the VKM for the salary category, with the aim of uniformity for all courts, they oriented how much the gross amount for the magistrate would be. The court presidents, as heads of institutions and budget implementing officials, could directly implement the decision of the Constitutional Court, without the need for uniformity by the KLGJ. In other words, they translated words into figures. It cannot be expected that the Constitutional Court would determine the salary nominally and with a fixed value. Thus, the governing bodies of the justice system took measures for the new situation created, with the aim of applying the new salaries in September.

After the rain comes the sun, the old saying goes. But in this case it was the opposite, after the sun, came the rain. Stormy judicial autumn. Judges returned from the August vacation, which is by law annual leave for all judges, to resume judicial activity. In the meantime, they are notified on 02.09.2026 that salaries will not be transferred. The reason: they have brought the payrolls (expense orders) for employees with new references. They must withdraw them and make the calculation with the previous reference (which had already been repealed by the Constitutional Court). After the reaction of the governing bodies of the justice system, the associations of judges and prosecutors, the Ministry of Finance responded with an explanatory letter, giving the reasoning cited above.

Along with the salaries of judges and prosecutors, the salaries of the judicial administration and the prosecution were also frozen, which were not subject to decision-making by the Constitutional Court. This is reminiscent of World War II. The United States of America declared war on the Japanese Empire after the destruction of Pearl Harbor on 08.12.1941. Immediately, on the same day, without warning, Nazi Germany declared war on the United States. A senior American official was surprised and said: “What is this doing?” No one had declared war on Hitler's Germany.

The propaganda carried in the media rushed to announce that "judges are setting their own salaries". The debate from respecting the decision of the Constitutional Court, respecting the independence of the judicial power, a component of which is financial autonomy, was attempted to be degraded to issues of salaries, money. Magistrates do not ask for money, they ask for dignity. They ask for respect for the status of judges in a democratic society. They tried to put the governing bodies of the justice system and the magistrates' associations as in Ibsen's "Enemy of the People". Dr. Stockman warned the people that with scientific methods he had discovered that the city's bathrooms were contaminated with bacteria, while the mayor and the uninformed public rushed to declare him an enemy of the people. The end is also known.

Everyone was looking for the sub-legal act, order or instruction, the responsible entity that had ordered the Treasury Directorate to block the monthly salary of judges and the judicial administration. Who was the Minister of Finance, the Secretary General of the Ministry of Finance or any other official? It was not Ghaver from Hugo’s “Les Misérables”, the tireless police inspector who followed Jean Valjean around, to enforce the law with the utmost rigor. In fact, it is more like that Aesop’s fable. Lightning struck the mountain and was heard in the thunder. Everyone turned their eyes. They saw that a mouse came out of the mountain. The order addressed to the Treasury Branches was not issued by the Minister of Finance or the Secretary General. The “sub-legal act” if it can be called such was an electronic message (email) with the sender “Antechamber of the Secretary General”, which I learned about from a photo published on a social media portal and which inspired me to write these few lines. It is not difficult to understand the role and function of the “Antechamber” or “Secretary of the Antechamber”. There is no need to open the Albanian dictionary or etymological dictionaries. It is about the personal secretary of the head of the institution, who lives in the room next to him, in this case the secretary of the Secretary General of the Ministry, whose function is related to organizing the agenda, meetings and receptions of various people with the head.

Është e habitshme sesi është zbatuar me një frymë nga Degët e Thesarit në rrethe ky “urdhër”, duke bllokuar pagat e mbi 4000 personave që punojnë në organet e drejtësisë (magjistratë dhe administratë gjyqësore), pushteti gjyqësor, që është kolonë vertebrale e shtetit demokratik. Si njeri i ligjit, personalisht e kam shumë frikë nga ligjin. Shkelja e ligjit ka sanksionin, që mund të jetë i natyrës civile ose penale, madje edhe i të dyjave bashkë. E pranoj se jam frikacak në këtë drejtim. Më kujtohet një miku im, që gjatë një debati mbi të drejtën dhe moralin, më tha: Nuk e di nëse ka Zot ose jo, por di të them se në radhë të parë kam frikë burgun. Burgu është i vështirë. Të kesh frikë, është diçka e natyrshme, instiktive për qenien njerëzore dhe jo vetëm për të. Përkundrazi, të mospasurit frikë duhet të jetë shqetësim për njeriun. Pandjeshmëria nuk është krenari. 

Nga e drejta materiale, po hidhem në të drejtën procedurale. Ky “akti”, që nuk di sesi ta pagëzoj të fut në një dilemë të madhe juridike, si mund të mbrohesh juridikisht para një situate të tillë, si të mbrosh të drejtën subjektive? Të ngresh padi civile, padi administrative apo të iniciosh kërkesë për mosmarrëveshje kushtetuese. Çdo jurist me njohuritë më bazike do të buzëqeshte dhe do të të këshillonte të mos mbytesh me një pikë ujë. Përgjigja është pa ekuivoke: nuk krijon mosmarrëveshje civile, as administrative, madje as kushtetuese, për një arsye të thjeshtë, sepse nuk mund të ngresh padi ndaj një subjekti që nuk ekziston. “Paradhoma” nuk është subjekt juridik. Në kohë marrinash, institucionin mund ta bësh paradhomë, por paradhomën nuk mund ta bësh kurrë institucion. Sekretari ka veshur pallton e gjeneralit, duke përfytyruar gradat që ka marrë me shpejtësi në kohë lufte dhe nxiton të japë urdhra në front, por harron se nuk jemi në kohë lufte. Jemi në kohën e shtetit të së drejtës. Nuk qeverisemi nga njerëzit, por qeverisemi nga ligjet. Edhe meqë jemi tek ligjet, të gjithë janë të barabartë para ligjit.

Aventura e paradhomës, të sjell në mendje personazhin e Gjorgut tek “Prill i Thyer” i Kadaresë, që pasi kryen vrasje për gjakmarrje, mes besës së vogël dhe besës së madhe, zgjedh këtë të dytën, sepse e di që një ditë do të ndëshkohet për atë që ka kryer. Pas krimit, vjen ndëshkimi. Edhe ditën e 30-të të përfundimit të besës së madhe, Gjorgu ra. Shpagimi ishte kryer.

The act issued by the “Institution of the Vestibule” is reminiscent of the anecdote of the painter Apelles of the Island of Kos in Ancient Greece, told by Pliny the Elder. One day the famous painter exhibits his works to the public. A shoemaker approaches and points out that the sandals did not have the correct number of straps in the painting (crepides - a type of sandal in antiquity). After asking him, the craftsman tells him about his profession. The painter accepted the remark and corrected this error in the work of art. The next day the shoemaker approaches again and criticizes the feet of the character in the painting. The painter angrily replies: “Ne supram crepidiam sutor iudiaret” -“Ah please, shoemaker, do not judge beyond the shoe”


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