The government is getting ready to use the contingency fund for the increased salaries of judges and prosecutors

The Albanian government is preparing to pay off the arrears for the salaries of judges and prosecutors with the remaining funds of the 2023 budget, through a normative act that is being drafted by the Ministry of Finance.

The decision to transfer the contingency fund for the settlement of these obligations was announced at the last meeting of the Parliamentary Committee on Laws on November 24, during the approval of the draft budget for 2024.

Referring to the demands of the justice institutions, deputy Klevis Xhoxhi, as the relator of the case, announced that the commission had agreed with the Ministry of Finance that this case should be resolved within this year.

"For the arrears for judges and prosecutors in the justice system, the possibility has been found to be made from the contingency fund, through a Normative Act that will accommodate the remaining funds of the 2023 budget," said Xhoxhi.

Sources from the Ministry of Finance told BIRN that the total fund calculated from these obligations as of 2019 is thought to be 3 billion ALL, but the Normative Act will clarify the way of their repayment.

According to the law, the contingency fund is used by decision of the Council of Ministers for unforeseen cases.

The obligations stem from a decision of the Constitutional Court for the 14 thousand ALL salary increase for magistrates from 2019 onwards, an increase that was not implemented in the 2024 budget, creating complaints from justice institutions.

These institutions are facing execution, as dozens of prosecutors and magistrates have won the trials for the benefit of this salary increase.

During the hearings on the budget in the Laws Commission, the representatives of the justice institutions asked the Assembly to implement the Court's decision and provide for the compensation for the arrears in the new budget granted to these institutions by the Assembly.

The High Judicial Council, the High Prosecution Council, the Independent Qualification Commission, the Independent Appeals Commission, the General Prosecutor's Office and the Special Structure against Corruption and Organized Crime appealed to the Assembly to resolve the deadlock created by qualifying this issue sensitive to their work performance and independence.

The financial effects for KLGj alone amounted to approximately ALL 700 million.

The General Prosecutor's Office complained about the blocking of the treasury account due to executive decisions, as a reason for non-payment of obligations for employee salary supplements.

While the vetting bodies considered the repayment of the obligation to be important, in order to force the commissioners to face the judges who are subject to verification.

Since two years, the employees of the justice bodies have been winning the trials for the implementation of this decision, bringing their operation to a financial impasse and adding to the financial obligations of the salary supplement, the judicial and executive expenses.

The battle of the judges started at the beginning of 2021, after an audit carried out by the High State Control in the High Judicial Council, where it found that there was an error in the interpretation of the law "On the status of Judges and Prosecutors", an error that denied them 14 thousand ALL per month.

According to the new calculation, their reference salary should have been 132,100 ALL from the 118,000 ALL that was calculated until that time.

The Ministry of Finance refused to implement the recommendation, calling it unfair and at a high cost to the state budget, while the Law Commission intervened in the law by changing the relevant article to maintain the old salary calculation of 118.00 ALL.

But the judges sent the case to the Constitutional Court, which a year ago declared unconstitutional the articles amended by the unconstitutional majority, forcing the Assembly to review the calculation of salaries for magistrates and placing a financial burden on the state budget to compensate for arrears since 2019. Reporter.al