The Union of Judges of Albania, the National Association of Judges of the Republic of Albania, the Association of Prosecutors of the Republic of Albania, and the Forum of Women Judges of Albania have announced they will appeal to the Constitutional Court regarding the law that regulates magistrates’ salaries.
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According to the joint stance of the four organizations, the draft law on some additions and amendments to Law No. 96/2016, “On the status of judges and prosecutors in the Republic of Albania,” was adopted by the majority during the midnight hours, accompanying the process with alleged violations of constitutional requirements.
Magistrates request the immediate suspension of the law’s implementation, its annulment for non-compliance with the Constitution, and priority consideration of the case by the Constitutional Court.
In their statement, the associations underline that the parliamentary procedure was conducted without effective consultation with interest groups and with a hearing that, according to them, was merely formal. They also mention the approval of the draft law beyond the constitutional deadline, the lack of a financial analysis from the Council of Ministers, and the immediate entry into force of the law.
The four organizations state they will continue efforts to restore the constitutional rights of magistrates, which, according to them, have been openly violated by the law passed at midnight.
“With regret, we have followed the parliamentary procedure for the approval of the draft law ‘On some additions and amendments to Law No. 96/2016, On the status of judges and prosecutors in the Republic of Albania.’ From the outset, this procedure has been characterized, in our assessment, by violations of constitutional requirements, starting with the approval of the draft law beyond the constitutional deadline, the lack of a financial analysis from the Council of Ministers, the absence of effective consultation and the entirely formal hearing of interest groups, and, finally, the immediate entry into force of the law,” the statement says.
The associations argue that the law not only affects the financial status of magistrates, which is directly linked to the guarantee of their independence, but also undermines the foundations of the rule of law, due to the open disrespect of a Constitutional Court decision.
They declare they will appeal to the Constitutional Court with the same urgency with which, according to them, the draft law was examined, passed, and decreed.
“With the same urgency with which this draft law was examined, passed, and decreed, we will appeal to the Constitutional Court, requesting the suspension of the law’s implementation, its annulment as incompatible with the Constitution, and priority consideration of the case,” state the representatives of judges and prosecutors.
The justice organizations say they have full confidence in the integrity of the constitutional process and that the Constitutional Court will restore the constitutional standards that, according to them, have been violated. They expect this process to clarify the raised issues and to reject attempts to discredit magistrates and their demands.
“We emphasize once again that this matter is not about financial interests, as has been attempted, in a distorted manner, to present it to the public throughout this process. It is about respecting the decisions of the Constitutional Court, guaranteeing the independence of the judiciary, and protecting the foundations of the rule of law,” states the joint position.
The four associations stress that they will use every legal means that the Constitution and the law provide for the protection of these principles and constitutional values.
