TIRANA, Sept 15 /ATA/ The High Court and the High Prosecutorial Council have opposed the majority’s proposed formula for changing magistrates’ salaries, arguing that the planned increase fails to meet the standard set by the Constitutional Court.
Speaking at the Parliamentary Committee on Legal Affairs and Public Administration during hearings on the draft law “On the status of judges and prosecutors in the Republic of Albania,” High Court vice-chair Ilir Panda said the Constitutional Court’s decision on magistrates’ salaries is not merely guidance for the Assembly but a binding obligation for lawmakers.
The High Court deems legislative intervention necessary following the Constitutional Court’s ruling. The question is not whether parliament should act, but whether the proposed solution meets the binding standards set by the Constitutional Court. That ruling is not guidance but an obligation for lawmakers,” said vice-chair Ilir Panda during hearings on magistrates’ salaries.
According to vice-chair Ilir Panda, the formula put forward by the majority—raising the reference salary from 0.36 to 0.38 of the President’s pay—does not fully meet the standard set by the Constitutional Court.
“The main issue is the reference salary set at 0.38 of the President’s pay. The High Court does not oppose in principle the legislature choosing a new benchmark, but the problem lies in the concrete outcome of the proposed formula,” said Ilir Panda. He stressed that the Constitutional Court had required a dynamic reference, tied to a salary that increases periodically and preserves the level of financial protection for magistrates.
The High Court has urged lawmakers to avoid fixing magistrates’ pay at a static coefficient of 0.38 of the President’s salary. Instead, it proposes a mechanism that ensures compliance with the Constitutional Court’s ruling and preserves real salary levels. It also called for a clear separation between future salary adjustments and arrears, stressing that parliament has discretion in choosing the formula but no leeway to ignore constitutional standards. Vice-chair Ilir Panda emphasised that the new law must enforce the Constitutional Court’s decision, not merely exist as legislation.
HPC chair Mirela Bogdani rejected the Socialist Party’s proposed salary formula, describing the projected increase as minimal compared with the council’s own calculations. She stressed that the High Prosecutorial Council values the need for a sustainable system of magistrates’ pay, not merely a formal intervention to meet the Constitutional Court’s obligation.
HPC chair Mirela Bogdani criticised the Socialist Party’s proposed formula, noting that the projected increase of 0.02% is minimal compared with the council’s own calculations and leaves a significant gap. She argued that the proposal fails to reflect both the standard set by the Constitutional Court and the benchmarks established for the wider state administration system.
/sm/
