The President of the Judges’ Association and judge of the Special Court of Appeal, Engert Pëllumbi, has announced that the Berat Prosecutor’s Office has registered a criminal proceeding regarding the non-payment of salaries and is conducting investigative actions against Treasury branch employees.
In an interview for the show “Kjo Javë” with Nisida Tufa, Pëllumbi stated that the Constitutional Court’s decision cannot be considered an illegal intervention in the state budget. According to him, the Constitutional Court has declared the reduction of judges’ salaries unconstitutional and its decisions have binding force.
“The Constitutional Court does not open the treasury door illegally. It has simply declared the reduction of judges’ salaries unconstitutional. The decisions of the Constitutional Court have the force of law and are mandatory for immediate implementation,” Pëllumbi declared.
He also commented on the statement of Prime Minister Edi Rama, who said that the judicial branch cannot “open the door to the state treasury on its own” without the approval of the Parliament.
Pëllumbi emphasized that the responsibility for the non-implementation of a court decision lies with the competent bodies to investigate it, while adding that a senior official who publicly admits that he was part of the decision-making process not to execute a court decision may be included in the sphere of criminal liability.
“When a senior official publicly admits that he was part of the decision-making process not to execute a court decision, he directly involves himself in the sphere of criminal liability. Not even the Prime Minister is exempt from this liability,” he said.
Pëllumbi said that it is up to the prosecution to carry out investigative actions and determine responsibilities, while regarding SPAK, he stated that the special body has the obligation to investigate any person against whom there are well-founded suspicions.
Speaking about the criminal complaint filed by the judges, Pëllumbi said that among the criminal offenses referred to is “Abuse of office”, for which the Criminal Code provides for a sentence of up to 7 years in prison, while “Obstruction of the execution of court decisions” provides for a fine or imprisonment of up to two years.
But the most recent development, according to Pëllumbi, is related to Berat.
“The Berat Judicial District Prosecutor’s Office has already registered a criminal proceeding based on the complaint filed by the Court administration employees. The prosecution is carrying out all relevant investigative actions to expose the responsibilities of the Treasury branch in that city,” he stated.
Pëllumbi described the current standoff as a crisis created by the executive, insisting that the judges are not seeking privileges, but the implementation of a constitutional decision. He said there will be no total boycott of the justice system, but there could be a reduction in work and a focus on urgent issues, such as security measures and issues of pre-trial detainees.