New salary formula: judges and prosecutors take the law to the Constitutional Court — ‘We’re not doing it for the money, but…’

The Union of Judges of Albania, the National Association of Judges, the Association of Prosecutors and the Forum of Women Judges have reacted against the new law on the status of judges and prosecutors.

In a joint stance, the associations declare that the parliamentary procedure for the law’s approval was accompanied, in their view, by violations of constitutional requirements, citing the lack of effective consultation and of a financial analysis.

The associations announce they will turn to the Constitutional Court, seeking the suspension of the law’s implementation and its repeal.

JOINT STANCE

The Union of Judges of Albania, the National Association of Judges of the Republic of Albania, the Association of Prosecutors of the Republic of Albania and the Forum of Women Judges of Albania express their determination to continue following the constitutional process regarding magistrates’ salaries.

We have followed with regret the parliamentary procedure for the approval of the draft law “On some additions and amendments to Law No. 96/2016, ‘On the status of judges and prosecutors in the Republic of Albania.'” From the outset, this procedure has been characterized, in our assessment, by violations of constitutional requirements, starting with the approval of the draft law beyond the constitutional deadline, the absence of a financial analysis by the Council of Ministers, the lack of effective consultation and the entirely formal hearing of interest groups and, finally, the law’s immediate entry into force.

Our associations remain unwavering in their stance for the restoration of the constitutional rights of magistrates, which have been openly violated by the law approved in the midnight hours. In this framework, we inform the public that, with the same urgency with which this draft law was reviewed, approved and decreed, we will turn to the Constitutional Court, seeking the suspension of the law’s implementation, its repeal as incompatible with the Constitution, and the consideration of the case with priority.

This request becomes necessary because, through this law, not only the financial status of magistrates is affected — which is closely linked to guaranteeing their independence — but also the very foundations of the rule of law, due to the open disregard of a Constitutional Court decision.

Our associations express full confidence in the integrity of the constitutional process and the belief that the Constitutional Court will restore the violated constitutional standards. We are fully confident that it will be precisely the constitutional process that will clarify the issues raised and will reject the attempts to discredit magistrates and their legitimate demands.

We emphasize once again that this issue is not about financial interests, as has been attempted, in a distorted manner, to present it to the public throughout this process. It is about respect for Constitutional Court decisions, guaranteeing the independence of justice bodies and protecting the foundations of the rule of law.

For the protection of these constitutional principles and values, our associations remain unwavering and will use every legal means that the Constitution and the law place at their disposal.