Appeal confirms the Foundation's decision to annul the Government's decision to cut the salaries of prosecutors and judges

To this decision of complaint in the set legal term, the indicted party the Government of Kosovo had filed, reports “The Justice Vow”.

The Foundation Court's Department of Administration in Pristina, with the decision of October 13th 2023, has estimated that the salaries of judges and prosecutors in the justice system cannot be reduced during their mandate, as they are acquired and guaranteed by law and as such cannot be violated.

But the Court of Appeals has found that the government's complaint is unfounded.

The complaint of the indictee was rejected as unfounded, while the complaint was proven righteous and legitimate”, it says, in Apel's decision.

According to the Court of Appeals, it is no contradiction that the indicted body's decision is not content as it is envisioned with the provisions cited as the highest of the LPPA.

“After the college assessment in any legal provision is determined in which form the salaries of judges and prosecutors should be raised, but it is determined by law that the same reasons for the increase cannot be reduced, as has been reasoned in the complaint act, while in terms of decision no.... The date ..., with which salaries are raised, the same decision cannot be rejected or complained because the same is the final decision in the administrative procedure, and the same decision has never been and is not subject to consideration in this judicial procedure, so the first instance court has not been taken with the indictment's claim regarding this matter”, the Apel's decision said.

The Court of Appeals has estimated that the court's complaint of the First Court is clear and understandable, and it contains sufficient reasons for the crucial facts that even the college of this court acknowledges.

“Taking into account that the first instance court has correctly implemented the procedural and material provisions, with the prosecution's approval of the plaintiff's application, and since with other repeated complaint claims of one-on-one, such a judgment cannot be questioned, the prosecution's complaint was rejected as unfounded, while the complaint was proved fair and legitimate”, the decision of the second degree is said.

As of November 29th, the Constitutional Court in Pristina had accepted the indictment by the Kosovo Prosecutors' Association towards the Government of Kosovo, following the decision made by the latter to cut salaries against judges and prosecutors, demanding that the indictment be approved as based and the controversial verdict of the indictment be annulled.

It says that in the indictment it is highlighted that the indictee's decision is illegal after violating all standards and guarantees of the justice system on institutional and financial independence of the institutions of justice, and it also runs counter to constitutional and legal provisions that guarantee the financial position of prosecutors and judges in the justice system, respectively.

However, it is said that the indictee in the answer to the 11 September 2023 indictment completely disputes the plaintiff's demand as unfounded, stressing that the indictment's decision, November 23, 2022, does not conflict with any legal provisions, rather judges and prosecutors' salaries are equivalent to government cabinet salaries.

The court, to assess the legality of the conflicting act, is said to have referred to Law No. 03L-225 for the State Prosecutor, Article 21, respectively, paragraph 1, subparagraph 1.10, which stipulates that, “irrespective of any other provision of the law, the state prosecutors' salary will not be reduced during their period of service unless it is appointed as sanction by the Prosecutorial Council or the Council Disciplinary Commission based on determining that the state prosecutor has committed improper conduct or any criminal act<1>.

The ruling states that the Court is also based on Article 35, paragraph 2 of Law No. 06/l-054 for the Court, which stipulates that, the “panel of a judge will not be reduced during the mandate in which the judge has been appointed, in addition to the disciplinary sanction imposed under the authority of the Kosovo Judiciary Council”.

Under the Foundation's decision, the salaries of prosecutors and judges are guaranteed by law and should be in proportion to the dignity of their profession and the burden of responsibility, and that their salary cannot be reduced through their mandate, in addition to extraordinary economic situations.

The foundation is also said to be based on the act of the Constitutional Court ref. ADR 1584 /20, which has determined that reducing the budget from executive power is an example that the sources of the judiciary can be put under excessive and unwanted pressure, not creating a rule that creates absolute guarantees that wages in the public sector cannot be reduced, but that wage cuts should be rational and never arbitrary, so lowering judicial wages can only occur under the conditions of a stressed financial crisis.

According to the Court, the conflicting decision of the indictee has not been issued on the basis of some exceptional situation or financial difficulties, since the budget itself for 2023 envisions economic growth in the value of 2.6%, which is considered by this to be considered that the indictee acted incorrectly because the state does not have an extraordinary financial crisis.

Otherwise, the Foundation Court in Pristina, the Department for Administrative Affairs on 2 December 2022, had decided on the suspension of the Government's decision to cut the salaries of judges and prosecutors.

Regarding the government's decision, civil society had also reacted, calling wage reductions in the justice system, justice intervention and increased corrupt potential.