Two Socialist Party MPs, Aulona Balykbashi and Admir Kadeli, are the authors of the draft law that proposes changing the salary formula of judges and prosecutors, in implementation of the Constitutional Court's decision.
The initiative was filed on July 31, the last day of the deadline set by the Constitutional Court for correcting the law. However, as the clock was ticking for the implementation of the decision, the Assembly had closed its proceedings and entered parliamentary recess. As a result, the draft law was registered, but not approved within the deadline required by the Court.
The accompanying report argues that increasing the basic coefficient from 0.36 to 0.38 is sufficient to restore the constitutional guarantees of the salary of magistrates. According to the logic presented by the authors, the change corrects the effects of the previous formula, which, according to them, left the salaries of judges and prosecutors unchanged at a time when the salaries of other categories in the state administration increased significantly.
In their argument, the deputies support the position that the coefficient 0.38 creates a balance between the financial independence of magistrates and the proportionality of the public salary system. According to the report, there is no need for a higher coefficient, since with the new formula the salary of a first instance judge reaches the level of the salary of the Prime Minister and the Speaker of the Assembly, without exceeding it.
According to the report, this is considered proof that the objective of protecting the economic independence of magistrates has been met, while a larger increase would violate the proportionality and coherence of the salary scheme in the public sector.
Another argument used by the initiators is that the Constitutional Court did not impose a specific formula on the Assembly, but only the obligation to build a mechanism that guarantees the constitutional independence of judges and prosecutors. According to them, the coefficient 0.38 meets precisely this standard.
Deposit on the last day
The draft law bears the signatures of Aulona Balykbashi and Admir Kadeli and was filed on July 31, the deadline set by the Constitutional Court. However, the Assembly had already closed the parliamentary session, preventing the initiative from being reviewed and approved within the deadline required by the constitutional decision.
This is expected to raise discussions about whether the Constitutional Court's obligation is considered fulfilled only with the filing of the draft law or whether it required its approval within the deadline.
The clash over wages
The debate over magistrates' salaries has been one of the strongest clashes between the majority and the justice system. Prime Minister Edi Rama has publicly maintained that the justice system must justify the high level of salaries with concrete results in the fight against corruption and organized crime.
On the other hand, judges and prosecutors have argued that financial guarantees are not a privilege, but a constitutional element to protect their independence from political or economic influences.
The Constitutional Court's decision upheld this argument, overturning the previous formula and requiring the Assembly to intervene with a new scheme. The majority's response came on the last day of the deadline, through a draft law signed by the two socialist deputies.
