‘I Feel Ashamed…’ Judges’ Union Head: The Law Must Be Sent Back, We Have the Material Ready

Hearings with the heads of justice institutions were held this Tuesday in the Laws Commission, who opposed the formula proposed by the Socialist Party for magistrates’ salaries.

The debate is linked to proposed amendments to the law on the status of judges and prosecutors, where the majority foresees a 5.5% salary increase. The proposal has received the approval of the Economy Commission, but was opposed in the Laws Commission by the representatives of the justice institutions.

The deadlock over salaries and the formula proposed by the SP has sparked fierce debates between justice representatives and opposition and majority MPs.

The chairwoman of the High Prosecution Council, Mirela Bogdani, considers the proposed increase minimal compared to what the Council itself has calculated for the salaries of its members.

“Minimal increase compared to what the Council itself has determined or calculated for the salaries of its members. I would say there is a big difference.”

The representative of the High Court also spoke against the proposed formula, stressing that the problem does not lie in the legislator’s choice of a reference, but in the result produced by the formula.

“We stand by the principle that the possibility for the legislator to choose a reference is not contested, but the problem lies in the concrete result of the proposed formula. We insist that the reference must be tied to a salary that increases from time to time. Because this is how the level of financial protection of magistrates will be preserved.”

Harsher in his stance was the deputy president of the First Instance Court of General Jurisdiction and also president of the Judges’ Union, Gerd Hoxha, who criticized the lack of consultation with judges and warned of a new clash between powers.

“It is not consulted with the group, because the law is not consulted three days before it passes Parliament. Approval of this law will bring another clash between the two powers. We do not have exclusivity of the right, but we are respecting the decision of the Constitutional Court.”

Hoxha also stressed that if the law is approved in this form, magistrates could turn again to the Constitutional Court, which, according to him, could bring financial consequences for the state budget.

“Above all, it will bring a burden on the state budget, because magistrates will go to the Constitutional Court to demand implementation of the decision, and the chances are, without playing prophet, that the decision will be the same.”

He asked for the draft to be sent back for broader consultation, saying judges also have a concrete proposal for solving the problem.

“The new law must be sent back, subject to broader consultation. I feel ashamed because I am a student of Professor Panda (Ilir Panda), and my salary is higher than his — he is a member of the High Court! We have ready material that could fix this problem.”

In the end, Hoxha said he is ready for dialogue with the majority, but stressed that the decision of the Constitutional Court cannot be subject to negotiation.