Debate over magistrates’ salaries: Manjani and Sulo clash over legal responsibility

The issue of new salaries for judges and prosecutors sparked a debate between legal expert Ylli Manjani and analyst Arjon Sulo in the studio of “Now me Erla Mëhillin”. Sulo supported magistrates’ right to receive the new salaries, while Manjani insisted that judges’ pay is determined solely by law.

According to Manjani, the Constitutional Court’s ruling cannot be directly implemented in practice without first being reflected in legislation. He stressed that, in the absence of legal amendments, the Treasury cannot execute the salary payments and that responsibility for the situation lies with Parliament.

During the discussion, Sulo referred to the Constitutional Court’s decision regarding the method for calculating back payments.

Sulo said that if legal amendments are not approved by 31 July 2026, back payments will be calculated according to the formula used for senior public administration officials. He explained that the ruling concerns outstanding obligations, but also constitutes a precedent.

Manjani responded by asking for clarification on who, specifically, would carry out the calculation of these payments and where this was stipulated in the Constitutional Court’s ruling. “Because of my profession, I chose to give an explanation to the public. Now I am asking you a question: Who will make that calculation? Show me where it is in the Constitutional Court’s decision,” he said.

Sulo responded: “Then show me the law under which they have been paid their salaries until now.”

Manjani argued that judges’ salaries are determined by law, not by decisions of the High Judicial Council, the High Prosecutorial Council or court finance offices. He added that payments cannot be made based on the will of a Treasury employee, while the Constitutional Court’s decision must be turned into law in order to be implemented. Otherwise, he said, responsibility for non-implementation falls on the Parliament of Albania.

Sulo asked whether failure to implement a Constitutional Court decision constitutes a criminal offence and stated that the person who ordered that salaries not be paid had committed abuse of office.

Manjani disagreed, saying that the High Judicial Council and the minister are responsible for abuse of office, while the Treasury, according to him, has implemented the law of the state.