Skopje, 24 December 2025 (MIA) – The Constitutional Court has opened proceedings to assess the constitutionality of the amendments to the law on judges' salaries in order to protect judicial independence from the executive and legislative branches, said Constitutional Court president Darko Kostadinovski after Wednesday's session of constitutional judges discussing initiatives to open proceedings on the amendments reducing the coefficients for calculating judges' wages. 

Judges' salaries are not a technical, but a status issue, Kostadinovski pointed out, adding that according to international standards, they must not be reduced even in times of economic crisis.

Kostadinovski noted that the majority of constitutional judges have agreed that such legal interventions represent a direct intrusion into the financial independence of the judiciary and are contrary to international standards.

Previously, in the discussion with the constitutional judges, he mentioned recommendations of the Council of Europe and the European Charter on the Status of Judges, according to which, he said, judges' salaries must be protected against reduction during the judge's term of office and each member state should introduce special rules in this regard. 

"The generally accepted norms of international law are applied in different ways, whether elaborated in conventions, in opinions and positions of the Council of Europe, through the practice of the European Court of Human Rights or through the opinions of the Venice Commission. They create standards. When they create standards, we as the Court are obliged to respect them. In the specific case, regarding the reduction of judges' salaries, there are internationally accepted standards. These standards applied to the specific case mean a guarantee against the reduction of judges' salaries, but the following is even more important: all these international standards indicate that the salary of judges is not a technical issue, but a status issue inextricably linked to their independence and autonomy," Kostadinovski pointed out.  

According to the Constitutional Court president, ignoring the international standards in the adoption of the legal amendments is incorrect and defective, given that they are part of the domestic legal order.

Kostadinovski noted that the decision on the salaries of judges does not mean increasing them, but rather preventing further reduction.

"So, it is not about an increase, but about the protection of the constitutionally established authority and the constitutional prerogatives for independence and autonomy," Kostadinovski added.

Previously at the session, constitutional judges pointed to a violation of the functional independence of the judiciary, noting that although the legislative house determines salaries and allowances by law, in this case no justified reasons for reducing the coefficients were stated, neither in the Government's opinion nor in the draft law. In addition, the session pointed out that every law must contain an explanation of the facts to which the legislator refers when making the decision.

Constitutional judges also tackled other issues of public interest at Wednesday's session, including amendments to the Criminal Code, whereby debate was postponed; the law on managing movement of cases in courts, whereby proceedings were opened over provisions concerning transparency; the block division of electricity consumption tariffs, whereby proceedings were not opened, leaving current ERC rules in force; as well as linear pension increase on which the Constitutional Court is yet to reach a decision and the case will be reviewed once the judicial composition is finalized. 

Photo: MIA