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Salary increase, bitter taste of the judicial system vis-à-vis the executive

2026-09-13 10:45:23Pikëpamje SHKRUAR NGA LULZIM ALUSHAJ
Salary increase, bitter taste of the judicial system vis-à-vis the
Lulzim Alushaj

From the beginning of this personal opinion, on the situation of the blocking of the transfer of salaries of the judicial body, I want to emphasize that the Government and any other Institution must implement the decisions of the Constitutional Court without any comment or obstacle. This is not up for discussion!

On the other hand, which does not at all invalidate the above consideration, we cannot help but say that:
a) The Constitutional Court is itself the beneficiary of its decision;
b) The Constitutional Court and the Constitutional Court have no legal authority or competence to make a decision on salaries by forcing the treasury branch to pay the increased salaries without any law in force authorizing the payment;
c) The lawsuits (from what I have read) were not filed individually by individuals but by the Courts themselves, which casts great doubt on their active legitimacy in the trial. The right acquired by the CC Decision is individual and cannot be delegated to the Institution where the individual is employed;
d) the acceptance of the measures of security of the lawsuit requested by some Courts by the Court

The administrative court, which may itself be the beneficiary of its decision, appears not to respect the provisions of their granting since there is no risk that their right will not be realized in the future and that the security measure is the very foundation of the case.

Although I like the reaction and opposition of the judicial branch to the executive branch, I am not at all pleased with their activation with criminal charges and precautionary measures that do not unblock the situation but only show how much of a hybrid system has been created in our Republic.

The decisions of the Court of Justice should be implemented without any obstacles, on the other hand, you close this history of judicial decisions that you yourself request and write because you are getting on the wrong side of the problem and are creating a precedent that you must apply to all the cases that come before you every day from ordinary citizens.

I don't know why they forgot that we have a public and private enforcement system where anyone could request the fulfillment of obligations, based on the decision of the District Court, as provided for in the Criminal Procedure Code!


Në përputhje me standarded JTI

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