Constitutional Court Partially Upholds Judges’ Challenge Over Salary Formula, Orders Parliament to Amend Law

The Constitutionaly Court has partially accepted a request filed by judges contesting recent legal changes to magistrates’ salaries, ruling that some of their claims are well-founded and paving the way for a revision of the current pay calculation formula.

In its decision, the court instructed the Albanian Parliament to undertake the necessary legislative amendments to reflect its findings. The ruling is expected to have a direct impact on how the salaries of judges and prosecutors are determined, and on the broader balance between branches of power concerning the financial independence of the justice system.

On March 3 last year, the Union of judges petitioned the court to repeal amendments approved in 2023 by the ruling majority regarding magistrates’ salaries. Under those changes, judges’ base salary was set at 36% of the President’s salary, amounting to 153,000 lekë.

Previously, the reference salary had been that of a department director in the Prime Minister’s Office, at 132,100 lekë. While the new formula initially resulted in an increase of more than 20,000 lekë, judges argued that it effectively amounted to a pay cut. They noted that salaries across the public administration later rose significantly, with the department director’s salary increasing to 231,000 lekë.

According to the judges, had the previous reference been maintained, their salaries would now be approximately 78,000 lekë higher. They asked the Constitutional Court to reinstate the former formula or to set their salary at 54.3% of the President’s salary, with automatic adjustments reflecting any general pay increases.

In practice, such an increase would translate into substantially higher monthly earnings — ranging from roughly €1,800 for first-instance magistrates to over €3,000 for appellate judges of the Special Anti-Corruption Court and prosecutors of SPAK, depending on the calculation method applied.

The decision places renewed focus on the sensitive issue of judicial pay and institutional independence in Albania, as lawmakers prepare to respond to the court’s directives.