Presenting the draft law, Bylykbashi stressed that the proposal aims to address the formula for magistrates’ basic reference salary and to resolve long‑standing issues that have created inequality within the judicial hierarchy.

Bylykbashi emphasised that the draft legislation gives effect to the Constitutional Court’s ruling, ensures magistrates’ financial treatment remains within constitutional parameters, and remedies specific inequities in the system, while consistently safeguarding the stability of public finances.

She also recalled that the Constitutional Court had assigned Parliament the task of proposing the formula, without imposing a single numerical model. Therefore, she argued, the choice of framework lies entirely at the discretion of the legislature, provided constitutional standards are upheld and that no alternative formula results in a reduction of salaries.

Bylykbashi, outlining the majority’s recommended changes, said the proposal foresees raising the coefficient of the magistrates’ basic reference salary from 0.36 to 0.38% of the President of the Republic’s pay.

According to her, this adjustment effectively increases the base on which the entire salary structure of judges and prosecutors at all levels is calculated.

Bylykbashi explained that the 0.38 coefficient was chosen after an assessment balancing constitutional guarantees for magistrates’ financial treatment and the weight of their responsibilities with the state’s fiscal capacity.

Bylykbashi reminded that the Constitutional Court’s ruling requires the salary formula to uphold the independence and integrity of judges, while also taking into account fiscal sustainability, social priorities, and economic development goals.

Bylykbashi explained that the gross salary includes not only the base but also other elements such as years of service and legal allowances tied to function. “According to our calculations, in one example, the gross salary of a First Instance magistrate will reach roughly 90% of the President’s salary. At the same time, the draft law preserves the mechanism of periodic indexation to shield magistrates’ pay from inflation and rising living costs,” she added.

Bylykbashi said another proposed change concerns equality within the judicial hierarchy.

“At the High Court, judges performing the same function receive different salaries simply because their seniority has been calculated differently depending on their individual professional paths, and this is not fair. Therefore, we propose a correction. Specifically, the seniority allowance for High Court judges would be calculated at 2% of the basic reference salary for each year of recognised professional legal experience required for appointment, up to a maximum of 25 years,” she stated.

Bylykbashi further clarified that the proposed amendments extend the hardship allowance and establish its retroactive application. The financial implications are projected at approximately 1 billion lek for the period 2023–2025 and 500 million lek annually from 2026 onwards. The draft law stipulates that the revised formula shall take effect as of 1 April 2023, with accrued entitlements for the preceding period to be calculated individually for each beneficiary and discharged in accordance with statutory deadlines and mechanisms.

The initiative was approved at the close of deliberations with eight votes in favour, two against, and one abstention.

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