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The Constitutional Court rejects the request to repeal the Council of Ministers (CMM) that determines teachers' salaries according to their diploma level.

2025-07-24 19:39:58Aktualitet SHKRUAR NGA REDAKSIA VOX

The Constitutional Court rejects the request to repeal the Council of Ministers

The Constitutional Court has rejected the Teachers' Union's request against the Council of Ministers' Decision that determines salaries according to diploma level.

Due to the equal division of votes, 4 to 4, in the Court and the lack of a majority, the request to declare the VKM unconstitutional was rejected, as reported by Top Channel journalist Anila Hoxha.

The Teachers' Union requested the repeal of part of the VKM, arguing that the decision creates inequality and discrimination, as according to them it reduces salaries for a certain category of teachers.

This concerns categories 2 and 3 of the diploma level, for which, according to Annex 4 of the VKM, an additional salary of 10 thousand and 12 thousand lek is determined, based on qualification, in contrast to a higher category that benefits from an additional 14 thousand lek.

Full notification;

The Constitutional Court of the Republic of Albania on 26.06.2025 examined in a public plenary session the case with the applicant the United Albanian Education Union, with the subject: "Partial annulment of decision no. 425, dated 26.06.2024 of the Council of Ministers "On the approval of the structure and salary levels of teaching and other non-teaching employees in educational institutions and in supplementary institutions of the pre-university education system", namely point 2.ii, the value of the qualification level supplement for the group only levels 6 and 7 of the Albanian Qualifications Framework (KSHK), professional master, and level 6 and of link no. 4, as an integral part of the decision on the part of the value of the qualification level supplement for diploma group 2, KSHK 7 and diploma group 3, KSHK 6, as incompatible with the Constitution of the Republic of Albania. Albania.”
The Constitutional Court convened on 24.07.2025 and, after considering the claims of the parties, assessed the following.

Initially, the Court considered whether it has jurisdiction to review the constitutionality of the normative act, the subject of the request, by analyzing the nature of the claims presented.

As for the claim for the violation of the principle of the hierarchy of legal norms, because the VKM is contrary to the law, the Court did not reach the necessary number of votes for decision-making according to Article 73, point 4, of Law No. 8577/2000, consequently this claim was considered dismissed. According to one position, it was assessed that the applicant's claims in this regard are of a legal nature, since they relate to the clash between the sub-legal act and the law, consequently they are not constitutional in nature. While according to the other position, this claim is included in the constitutional jurisdiction insofar as it relates, in essence, to the rules that the Council of Ministers applies in the adoption of sub-legal acts, within the meaning of Articles 116 and 118 of the Constitution.

As for the applicant's other claims, regarding the violation of the principle of legal certainty and the principle of equality before the law and non-discrimination, the Court, by majority vote, assessed that they fall within constitutional jurisdiction and examined them together.

Regarding the merits of these claims, because the judges' positions were divided in two directions, and consequently the required number of 5 judges for decision-making was not reached, based on Article 73, point 4, of Law No. 8577/2000, it was decided to dismiss them.

According to one position, the applicant claimed as an acquired right the amount for one of the salary elements according to the Council of Ministers No. 425/2024. However, in fact, the legal right is the salary in its entirety and not its specific constituent elements and this right has not been violated. The recognition of diplomas for salary purposes with regard to teaching staff within the meaning of Article 72, point 6, of Law No. 48/2018 is a matter related to the interpretation and application of the law and, as such, it falls within the ordinary judicial jurisdiction.

According to another position, the recognition of the diploma obtained as higher education for salary purposes, according to Law No. 48/2018, for teaching staff in preschool and primary education until the moment of the start of the implementation of the obligations under the Bologna Charter, constitutes an acquired right. Consequently, the Council of Ministers, by issuing the VKM No. 425/2024, by which it does not recognize the diploma of this category for salary purposes in the same way, has violated the principle of legal certainty and the principle of equality before the law and non-discrimination.

The final decision will be announced with reasons within the legal deadlines provided for by Law No. 8577, dated 10.02.2000 “On the Organization and Functioning of the Constitutional Court of the Republic of Albania”, as amended by the Regulation on Judicial Procedures of the Constitutional Court.


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