The dispute over salaries in the justice system is moving to the Constitutional Court. On December 2, the court is expected to review the request of judges and prosecutors to overturn the changes approved by Parliament, an intervention which, according to the magistrates, directly affects the way their base salary is calculated.
Three organizations against the new formula
The challenge was filed by the National Association of Judges, the Union of Judges, and the Association of Prosecutors. These organizations are seeking the suspension and annulment of the new salary formula, arguing that the changes voted through in Parliament do not guarantee the proper level of the reference salary.
The case is expected to receive a constitutional answer at a time when the relationship between political power and the justice system continues to generate tension even over issues related to the status and financial treatment of magistrates.
Where the debate over the base salary is divided
At the center of the dispute is the formula on the basis of which the base salary of judges and prosecutors is determined. The magistrates want it linked to the salary of a senior public administration official, which is periodically indexed.
The changes approved by the majority tie this reference instead to the salary of the President of the Republic. This is precisely the point being brought before the Constitutional Court for interpretation.
What the approved change provides
According to the formula approved by Parliament, the reference salary increases by around 8,500 lek. For the government and the majority, this is the change set out in the new package.
But judges and prosecutors oppose it as insufficient. According to their claims, the financial effect does not match the standard that must be guaranteed for this category of officials in the justice system.
Reference to previous rulings
The magistrates argue that, in line with previous rulings of the Constitutional Court, the increase should have been at least 80,000 lek.
The request to be reviewed on December 2 is expected to test not only the new salary formula, but also the way Parliament has intervened in an issue that affects the material independence of the justice system.
The Constitutional Court’s decision will carry weight beyond a salary dispute, as it touches on the balance between legislative power and the guarantees required by the status of magistrates.
Faced with the majority’s official version and the objections of the interested body, December 2 is seen as the date when this clash will receive a constitutional reading.