The clash between the executive and the justice system has now shifted to SPAK. Following the criminal complaint against Finance Minister Petrit Malaj, the ministry’s secretary-general and the heads of 16 Treasury branches, the government is defending its position that funds for salary increases cannot be disbursed without a new legal basis. On the other side, the complainants speak of the blocking of August salaries for judges and prosecutors.
Who took the case to SPAK
On September 8, 20 authorizing officers of the courts, together with leaders of the Judges’ Union, the National Association of Judges and the Prosecutors’ Association, filed a criminal complaint with SPAK.
The complaint targets Minister Petrit Malaj, Secretary-General Gentian Këri and the heads of the Treasury branches, over what the complainants consider to be the blocking of payments for the month of August.
The Ministry of Finance’s version
In his response, Malaj presents the situation as an escalating conflict between the judiciary and the executive, insisting that the Ministry of Finance has applied the law.
According to the minister, the institution he leads has refused to execute the requested salary increases without a new decision from Parliament. In essence, the government is saying that the Treasury cannot be opened for a considerable volume of funds solely on the basis of the magistrates’ request.
September 17 as a political and administrative deadline
Malaj claims that implementation of the Constitutional Court’s decision on magistrates’ salaries will not be obstructed, but according to him the issue will be addressed on September 17.
According to the official version, on that date the law is expected to be approved that will give the Ministry of Finance the administrative powers to act. This leaves the main question unresolved: why the conflict was allowed to escalate into a criminal complaint before the legal and financial mechanism was clarified.
How much money the government says the demand costs
The minister has also framed the debate around the cost to the state budget. According to him, the total effect of the requests for salary increases reaches an additional 40 million euros every year.
According to Malaj, the magistrates are also seeking a review of salaries for the 2023-2026 period, with an effect of 125 million euros on the budget. These are figures presented by the government at the height of the standoff and are expected to be part of the legal and institutional debate.
Malaj has asked Treasury heads and the secretary-general to continue their duties without being intimidated by the complaint.
At this stage, the issue remains an open clash between the executive’s legal interpretation and the magistrates’ claim over the payments, with SPAK expected to assess whether there are grounds for an investigation.