DREAM / The Prime Minister resigns and wakes up under the Parisian bridge!

 Kliko këtu për të tjera
Voxpress:

Rama on magistrates' salaries: The Constitutional Court cannot tell the Assembly how to vote

2026-09-18 08:08:08Politikë SHKRUAR NGA REDAKSIA VOX
Rama on magistrates' salaries: The Constitutional Court cannot tell the
Edi Rama

Prime Minister Edi Rama spoke in parliament about the salaries of magistrates. Rama said that it is unbelievable that representatives of an independent power give up their powers due to a clash with another power. Rama said that the Constitutional Court has the power to ascertain violations of the Constitution, but not to determine for the Parliament the formula that it should approve.

"It is unbelievable how representatives of an independent power, simply and only out of spite for the other party, hand over their power to another power so easily. And this is not simply and only related to what we are talking about today about judges' salaries. This is related to the balance of independent powers in a parliamentary republic. I want to return to a debate we had here, regarding a colleague, Olta Xhaçka, for whose case I have brought with me some words from the Venice Commission, because I believe they are very accurate to guide our reason as representatives of an independent power, all together.

The competence of the Constitutional Court, as a judicial and not a political body, should not interfere with the sphere of the constitutional legislator, who has the exclusive competence to create new constitutional norms. The boundary between the interpretation of an existing norm and the creation of a new norm is not always easy to define, but the perception of a gouvernement des juges, that is, a government of judges, should be avoided. The competence to create new constitutional norms belongs to the legislative power, while the Constitutional Court has the competence to interpret the norms in an authoritative manner. In very simple words, the Constitutional Court is the referee. It can stop the game, it can establish the infringement, it can annul the goal, but it cannot take the ball and say: 'The ball is mine. I will take the penalty'.

The Constitutional Court, as another independent power, is independent of us here as the legislative power and is independent of us as the executive power, to tell us when we raise our hand incorrectly. But, if we raise our hand incorrectly and the Constitutional Court tells us: 'With this raising of our hand this norm was violated, therefore this norm is overturned', the Constitutional Court can never, in any case and for any reason, tell an independent power like the Assembly how it should raise its hand. This does not happen. 'And now raise your hand for the text that I have written, for the formula that I have chosen and for the amount that I have set', the Constitutional Court cannot say to the Assembly of Albania.

And here are deputies who have been in this Assembly for many years. Today there is a peculiarity, because today here in the hall there are 84 votes that are necessary to approve this norm. But, if you are not a hypocrite, you would have to admit that, if there were not these 84 votes, it would be completely impossible to reach a result based on a specific order of another power. The Constitutional Court can abolish a tax that discriminates unconstitutionally against a category of citizens. The Constitutional Court cannot decide the tax rate, but what it should be.

It can overturn a pension provision that violates equality or legal certainty, but it can never draft the pension scheme itself and determine how much money this or that pensioner will receive. The Constitutional Court can repeal an unclear criminal provision, but it cannot write the new criminal offense and the punishment itself. These are elections that require law, public debate, financial assessment and parliamentary vote. And the case I brought makes Venice remind us that the deputy is individually unmanageable and the Assembly can and must vote on issues that are within its competence. Now let's come to the salaries of magistrates, because here what did I not hear! First of all, did the Constitutional Court have the right to check the formula approved by the Assembly? Absolutely yes. To find a certain incompatibility, according to it? Definitely yes. To repeal the relevant provisions and request the approval of the changes? No one is discussing it. But, on the other hand, the Constitutional Court cannot tell legislators what the solution should be, according to the norm within which they should move ," Rama said. 


Në përputhje me standarded JTI

Video

SHIKO KANALIN NE YOUTUBE
×