The European Union’s criticism of the decisions of Kosovo’s institutions, such as the dismissal of seven Serbian prosecutors and the action to demolish several houses near Lake Ujman, has sparked debate over the EU’s approach towards Kosovo’s authorities and the way its institutional decisions are assessed.
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In the case of the Serbian prosecutors, who left their posts as part of a politically coordinated action by Belgrade, many believe that Kosovo acted to protect the functionality of the justice system and that the international reaction should have taken into account the political circumstances that led to this situation. Similarly, the decision to demolish several houses near Lake Ujman has also prompted reactions from the international community, which expressed concern and called for the action to stop.
These developments have revived discussions about the balance between international partners’ demands for respect of procedures and the need for Kosovo’s institutions to exercise their competencies in defense of the rule of law and institutional sovereignty.
In connection with these developments, professor Enver Bytyçi spoke to “Bota sot”.
According to him, the decisions of Kosovo’s institutions not to reinstate into the prosecutorial system the former Serbian prosecutors who had resigned for political motives, as well as the action to remove illegal constructions on the property of the Ibër Waterworks, constitute steps towards strengthening the rule of law and institutional sovereignty.
Bytyçi assessed that the reactions of the European Union and some Western embassies to these cases create a contradiction, because, on one hand, respect for the rule of law is demanded, while, on the other hand, according to him, criticism is expressed when Kosovo’s institutions take actions to enforce the law in their territory.
“Two events this week drew public attention. Acting President Albulena Haxhiu refused to reinstate seven former prosecutors from the Serb community, who had resigned from their posts in 2022 for political motives, even in opposition to Kosovo’s statehood. Mrs. Haxhiu’s refusal came after the Kosovo Prosecutorial Council rejected the request of these individuals to return to the prosecution system. That was the first. The second relates to the action of the last two days to demolish illegal constructions on the property of the Ibër Waterworks, an action that was completed successfully and without incident, even under the supervision of KFOR forces. The international factor reacted to both cases. First, the European Union spokesperson, who stated that “these actions incite instability.” Then, the embassies in Pristina reacted, that of Great Britain, the Italian embassy, etc. Meanwhile, the German embassy emphasized that some of these demolished structures were in a judicial process, thereby localizing the observation regarding this action. Both of these acts, in fact, testify to the contribution of the government, police, and Kosovo’s institutions to strengthening the rule of law and state sovereignty of Kosovo. This should also be the goal of the European Union and the countries whose embassies reacted in these cases. Because there is a meaningless contradiction: on one hand, the European Union and its member states demand a state of law and the rule of law, while on the other hand, they make remarks about why the state of Kosovo is enforcing the law,” he declared.
On this point, the professor emphasizes that law enforcement must be equal for all citizens of Kosovo, regardless of ethnicity or affiliation. He assesses that unequal treatment of legal violations weakens the rule of law and harms citizens’ trust in institutions.
“It should be made clear once and for all to Kosovo’s allies and partners that the law in this country is not only for Albanians, Bosniaks, Roma, Ashkali, Turks, Croats, etc. The law is also applied to Serbs, who are citizens of this country. If law enforcement and the functioning of the rule of law are demanded for some, while opposed for others, in this case for Serb lawbreakers, then anarchy ensues. The state loses its meaning as an arbiter and instrument of law enforcement, while Kosovar society loses trust in institutions. Moreover, positive discrimination towards Serbs encourages them to deepen law violations, repeat such violations, and permanently create problems in the functioning of the state.”
Furthermore, Bytyçi assesses that decisions on law enforcement and the functioning of Kosovo’s institutions belong to the country’s decision-making authorities and not to external factors.
He emphasizes that stability cannot be built through tolerating law violations, but through firm and equal enforcement of the law. According to him, interventions and recommendations from international partners, even if not ill-intentioned, have brought consequences that have affected how Kosovo exercises its independent decisions.
“Should the European Union serve this narrative by reacting with criticism over the non-return of resigned prosecutors and police officers to their respective structures? I believe not. Kosovo’s stability is not achieved by coddling those who violate the law and rights in Kosovo. Stability is realized by demonstrating determination and, at the same time, prudence in law enforcement. The non-reinstatement of the resigned prosecutors and police officers to the positions they held four years ago is the exclusive right of Kosovo’s decision-making authorities, namely the Prosecutorial Council, the director of the State Police, and the country’s president. It is not the prerogative of the European Union or the European embassies in Pristina. But these observers have no complaint about Kosovo’s law and Constitution. And they cannot have complaints, because they themselves formulated the Constitution. The Parliament of Kosovo simply voted for it, without the right to amend the draft presented by the Ahtisaari Plan. But the paradox is that, when Kosovo enforces this Constitution and these laws, they say: “Slowly, slowly, understanding is needed, discussions are needed, tolerance is needed, compromises are needed, concessions are needed.” Concession after concession, Kosovo nearly lost the richest part of its territory. Everything has limits. The limits were exceeded because of the advice and recommendations of the EU and our partners. Perhaps their intervention did not have bad intentions. But it did have bad and harmful consequences. Then, Mr. Kurti’s government decided to act independently in law enforcement. The European factor, and even the Americans, were not used to the refusal of Kosovo’s leadership and the independent action of its institutions. They were surprised. They said: how is it possible that a prime minister named Albin Kurti acts according to his own conviction?!,” the professor elaborated.
Among other things, he highlights that subsequent developments, according to him, proved the correctness of Prime Minister Albin Kurti’s approach to enforcing the law and the Constitution of Kosovo.
He expressed that respect for the sovereignty of local institutions and equal law enforcement for all citizens are essential for strengthening democracy and the rule of law. According to him, international partners should support this approach and, when offering criticism, also provide concrete models of implementing the principles of the rule of law.
“Time proved that Kurti did not act according to his personal conviction. On the contrary, he enforced the law and the country’s Constitution. He even made concessions, at least in terms of time, and extended the deadlines for law enforcement. The internationals were again dissatisfied with Kurti, until time proved him right. After the constitution of the municipal mayors, for example, the terrorist act in Banjska occurred. The internationals were surprised. What if those mayors and the Kosovo police in the north had not been in office, what would have happened to this “no man’s land”? Practice is the proof of truth. The truth and justice were proven on Albin Kurti’s side. Therefore, the Europeans and the embassies should also respect Kosovo’s sovereignty in law enforcement and the functioning of the rule of law. I do not believe there is any other path for the freedom and democracy of Kosovar society, except law enforcement and its equal application for all citizens of Kosovo, regardless of ethnic and religious affiliation. Therefore, when the EU makes remarks, it would be good to show us some new model that the EU itself implements for law enforcement and the rule of law!,” concluded Enver Bytyçi for “Bota sot”.
