Pristina, September 8, 2026 – Through this opinion, the Ombudsperson expresses his position regarding the need to review the risk allowance for judges of the Special Department, evaluating the treatment of this allowance also in relation to comparable functions within the criminal justice system.

In this regard, the Opinion aims to contribute to the promotion of a more balanced and coherent approach in the financial treatment of functions that carry comparable responsibility, risk and complexity, in accordance with the constitutional principles of equality before the law, legal certainty and independence of the judiciary.

The Ombudsperson emphasizes that the principle of “work of equal value, equal pay”, known both in labor law and in legal and constitutional practice, requires that functions that carry comparable social and professional responsibility and value be treated equally in financial terms. Historically, legislation in Kosovo has followed this approach, treating the positions of judges and prosecutors at equivalent levels as equivalent in terms of basic salary and functional categorization.

The Ombudsperson assesses that, although the functions of a judge and a prosecutor differ in nature, competences and institutional position, there are important elements that enable their comparison for the purposes of assessing financial treatment. Prosecutors of the Special Prosecution Office exercise the function of investigation and prosecution, while judges of the Special Department exercise the function of judicial decision-making, guaranteeing the orderly development of the process and making final and binding decisions on the cases they review.

In these circumstances, the Ombudsperson considers that the continuing difference in compensation between judges of the Special Department and prosecutors of the Special Prosecution, in the absence of a sufficiently clear objective and proportional justification, may not appear to be fully in line with the standard of judicial independence guaranteed by Article 102 of the Constitution of the Republic of Kosovo. Such a difference, by its intensity and continuity, may also be reflected in the perception regarding the financial security, motivation and institutional position of judges of the Special Department, as well as potentially impacting the overall coherence of the justice system.

Finally, the Ombudsperson emphasizes that, although there are differences in status and institutional organization between the Special Department and the Special Prosecution, these differences should be assessed together with the nature, responsibility, complexity and riskiness of the respective functions. The purpose of this Opinion is not to infringe or reduce the financial rights of any functional category, but to examine the treatment of the allowance of judges of the Special Department and the possibility of a more harmonized approach in its determination, in accordance with constitutional and legal principles.

In this regard, examining the possibility of harmonizing this allowance with the financial treatment of comparable functions, while taking into account both institutional differences and the decision-making responsibility of judges, may contribute to addressing existing differences and strengthening the coherence and functionality of the justice system as a whole.