The Constitutional Court, on 17.02.2026, considered the case with the applicant Union of Judges of Albania, with the object of repealing articles 1 and 2, point 2, of law no. 33/2023, dated 25.05.2023, “On an amendment to law no. 96/2016 'On the status of judges and prosecutors in the Republic of Albania', as amended”, as incompatible with the Constitution of the Republic of Albania.
Following this decision, it was up to the Assembly to approve the necessary legal amendments to bring the magistrate's salary into line with constitutional standards. This process had to be completed by 31.07.2026.
With the decision of February 2026, the Constitutional Court decided to repeal the effects of Law No. 33/2023, dated 25.05.2023, “On an amendment to Law No. 96/2016 'On the status of judges and prosecutors in the Republic of Albania', as amended”, as incompatible with the Constitution of the Republic of Albania.
This means that, in the circumstances where the Assembly failed to adopt a new provision to fill the legal gap caused by the Constitutional Court's decision, after 31.07.2026 there is no longer any legal provision in force on the basis of which the State Treasury can proceed with the salaries of magistrates.
But the Constitutional Court, which has repealed everything, to everyone's surprise has submitted to the Treasury payrolls calculated according to the old law, repealed by the same court. With the same body of judges.
Other "governments", led by magistrates, have submitted payrolls based on an administrative order of a magistrate with a function in the GJKKO.
It is normal that the Treasury did not consider payrolls with a "legal basis" a magistrate's order with the power of a sorcerer. But, on the other hand, it is not normal to accept payrolls on an abolished legal basis.
Without considering, for a moment, the fantastic way in which the Constitutional Court itself uses as a reference a provision that it itself has repealed, the fact remains that the Treasury should have blocked all payrolls that are not based on any legal provision in force.
To begin with, it should have freed up for each justice institution that portion of the funds that is not related to the salaries of constitutional judges or magistrates.
Systematically and in writing, he should have explained to everyone, taxpayers and administrators of the new justice system, the criteria and principles on which he had calculated the funds.
Everything had to be done with the voice and signature of the Minister of Finance.
And of course, with empathetic wording for all parties who needed to be informed about the case.
