The Board of the European Association of Judges raises concerns about the non-implementation of the Constitutional Court's decision regarding the formula for determining the salaries of magistrates. Through a statement signed by the association's president, Austrian judge Sabine Matejka, and vice-presidents, German judge Roland Kemple and Polish judge Dorota Zabludowska, concerns are raised that as a legislator in Albania, the legislator is trying to circumvent the implementation of the Constitutional Court's decision.
The statement states that the Constitutional Court, by decision no. 15 of February of this year, declared the existing salary system for judges, prosecutors and other court personnel unconstitutional, and ordered the legislators to amend the relevant provisions in accordance with its instructions, within a certain deadline, which was July 31. It is also noted that the Constitutional Court has determined which provisions will be implemented in the event that the legislator fails to act.
"Not only have these instructions been ignored and the payment of the amount determined by the Constitutional Court has been imposed, but a draft law has also been presented to Parliament that provides for the retroactive recalculation of the remuneration in question," the European Association of Judges states.
According to the Association, if the bill is approved, it would establish a calculation method that appears to be just as problematic as the one the court declared unconstitutional.
"In short, the legislator is trying to circumvent the implementation of the Constitutional Court's decision," the statement quoted him as saying.
"The effective implementation of judicial decisions, which stems from their binding nature, is a fundamental element of the rule of law. The very concept of an independent court, defined in Article 6 of the European Convention on Human Rights, implies that a court has the authority to issue a binding decision, which is not subject to amendment, approval or ratification by any non-judicial authority," the association states.
The following emphasizes the fact that the decisions of the constitutional courts are final and binding, deriving from the supremacy of the Constitution. According to the Association, these decisions must be respected by all public authorities and individuals.
"Disrespecting a decision of the Constitutional Court is equivalent to violating the Constitution itself," the statement reads.
According to the Association, developments related to this issue violate the rule of law, the independence of the judiciary and the separation of powers, as well as damage trust in the state and positive reforms of the judicial system in Albania.
The Board of the European Association of Judges requests that this proposed regression be prevented. It also announced that it will support the representation of judges in Albania, to raise this issue at the highest level and to place it on the agenda of its General Assembly, with the aim of informing relevant international and European stakeholders about this worrying situation in Albania.
Justice institutions opposed the draft law on magistrates' salaries, calling it unsupported by the Constitution and the Constitutional Court's decision on this issue, and urged the Assembly not to pass it for approval in its current state.
The Constitutional Court in February of this year repealed the previous formula approved by the Assembly for magistrates' salaries as incompatible with the Constitution and gave lawmakers until July 31 to approve a new formula.
The decision also provided for an unblocking mechanism, according to which the new salary formula would be determined by the governing bodies of the justice system themselves in the event that the Assembly did not act within the deadline.
After the deadline, the High Judicial Council and the High Prosecutorial Council set a reference base salary of 222 thousand lek and an additional 14 thousand lek for qualification. The councils also decided to compensate for what they considered a “hidden reduction” in salaries from the previous law, for the period from April 2023 to July 31, 2026.
The Ministry of Finance refused to implement this calculation, while the magistrates filed a criminal complaint with SPAK and a lawsuit with the Administrative Court. The Administrative Court ruled in favor of paying judges and prosecutors according to the formula determined by the councils.
The clash between the justice institutions and the parliamentary majority is now expected to move to Thursday's plenary session, where the draft law is scheduled for a vote. /Taken from Reporter.al
