Recent decisions by Kosovo authorities have sparked a fierce debate over the European Union’s stance on the state’s legal sovereignty. The case of the dismissal of seven prosecutors of Serbian origin and the operation to demolish some houses near Lake Ujman have highlighted discrepancies in the assessment of Kosovo’s institutional actions.
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When it comes to the Serbian prosecutors, who withdrew from their positions as part of a well-orchestrated political campaign from Belgrade, many analysts consider that the authorities in Prishtina intervened precisely to ensure the normal functioning of the judiciary. Similarly, the action to demolish illegal structures by the lake has provoked reactions from the international community, which has expressed concern and called for an immediate halt to the works.
These episodes have brought back an old dilemma: how to balance the pressures of external partners for following formal procedures and the necessity for Kosovo institutions to exercise their authority in protecting the constitutional order and institutional independence.
Professor Enver Bytyçi, in a conversation with “Bota sot”, examined these developments with a critical approach to the reactions from outside.
According to him, both the refusal to reintegrate former prosecutors who resigned for political reasons into the criminal prosecution system and the demolition of unpermitted constructions on the land of the Ibri Waterworks represent concrete progress in consolidating the rule of law and the country’s institutional sovereignty.
Bytyçi pointed out a contradiction in the stance of Brussels and some Western diplomatic missions, which on one hand insist on the respect for the rule of law, but on the other hand raise criticisms when Kosovo institutions take measures to enforce the law in their jurisdiction.
“Last week, two issues monopolized the public’s attention. The acting president, Albulena Haxhiu, refused the reinstatement of seven former prosecutors from the Serb community, who had resigned in 2022 driven by political motives, openly defying Kosovo’s statehood. Mrs. Haxhiu’s decision came after the Kosovo Prosecutorial Council had previously rejected their request to return to the system. That was the first. The second concerns the recent action to demolish unpermitted structures on the property of the Ibri Waterworks, an operation that was completed without unrest and under the observation of KFOR troops,” he stated.
“The international factor’s reaction was not late. Initially, the European Union spokesperson stated that ‘these actions fuel instability.’ Then the embassies in Prishtina lined up, that of Great Britain, Italy, and others. Meanwhile, the German embassy noted that some of the demolished buildings were under judicial review, focusing its criticism precisely there.”
Further, Bytyçi argues that both of these actions demonstrate the commitment of the executive, the police, and various bodies of Kosovo to strengthen the rule of law and sovereignty. This, according to him, should also be the objective of the European Union itself and the states whose embassies expressed concern. “We are dealing with an incomprehensible paradox: on one side, the EU and member states demand rule of law and the rule of law, while on the other side they oppose when the state of Kosovo enforces that law,” he emphasized.
In this context, the professor underlines that the law must be the same for all residents of Kosovo, regardless of ethnic origin or religious affiliation. He is of the opinion that a differential treatment of legal violations undermines the rule of law and erodes citizens’ trust in institutions.
“It is time to make it clear to Kosovo’s allies and partners that the law here does not apply only to Albanians, Bosniaks, Roma, Ashkali, Turks, Croats, and other groups. It also applies to Serbs, who are citizens of this state. When the enforcement of law is requested for some, but opposed for others – specifically for Serbs who violate it – then anarchy is created. The state loses its role as arbiter and as a tool for implementing the law, while the population loses trust in state structures. Moreover, positive discrimination towards Serbs encourages them to deepen violations, repeat them, and create chronic problems for the functioning of the state,” he elaborated.
Bytyçi asserts that the right to make decisions on enforcing the law and functioning of institutions belongs exclusively to Kosovo’s decision-making authorities, not to external factors. He emphasizes that stability is not built by tolerating violations, but by showing determination and at the same time composure in executing the law. According to him, the interferences and suggestions of international partners, even when not motivated by malice, have produced side effects that have affected Kosovo’s ability to act autonomously.
“Should the European Union really serve such a narrative by criticizing the non-return of resigned prosecutors and police officers to the relevant structures? I think not. Kosovo’s stability is not achieved by coddling lawbreakers and violators of rights in Kosovo. It is achieved by demonstrating determination and prudence in enforcing the law,” he said.
“The decision not to reinstate the resigned prosecutors and police officers to the positions they held four years ago is the prerogative of Kosovo’s decision-making authorities, specifically the Prosecutorial Council, the director of the State Police, and the country’s president. This is not at all the exclusivity of the European Union or the European embassies in Prishtina. However, these critics have no remark on the law itself and the Constitution of Kosovo. And they cannot, because they themselves drafted the Constitution. The Parliament of Kosovo simply adopted it, without the right to change the project presented by the Ahtisaari Plan.”
“But the paradox lies in the fact that, when Kosovo implements this Constitution and these laws, then they tell us: ‘Slowly, there needs to be understanding, negotiations, tolerance, compromises, concessions.’ Concession after concession, and Kosovo almost lost the richest part of its territory. Everything has limits. These limits were exceeded precisely because of the advice and recommendations of the EU and our partners,” the professor added.
“Perhaps their intervention was not driven by bad intentions. But the consequences have been harmful. At this point, Mr. Kurti’s government decided to act independently for the enforcement of the law. The European factor, and even the American one, were not accustomed to the refusal of the Kosovar leadership and the autonomous action of its institutions. They were surprised and asked: how is it possible that a prime minister named Albin Kurti acts according to his own convictions?” he recounted.
He adds that the subsequent course of developments, according to him, proved Prime Minister Albin Kurti’s approach in implementing the law and the Constitution of Kosovo right. Respect for the sovereignty of domestic institutions and uniform application of the law for all citizens are prerequisites for strengthening democracy and the rule of law. According to him, international partners should support this approach and, when they present criticisms, be ready to offer concrete models of how the principles of the rule of law are applied.
“Time proved that Kurti did not follow his personal convictions. On the contrary, he implemented the law and the Constitution of the country. He even made concessions, at least in terms of time, extending deadlines. The internationals again showed dissatisfaction with Kurti, until time proved him right,” he emphasized.
“After the constitution of the municipal mayors, for example, the terrorist act in Banjska happened. The internationals were stunned. What if those mayors and the Kosovo police had not been present in the north, what would have happened in that ‘no man’s land’?!” the professor asked.
“Practice is the proof of truth. Truth and rightness resulted on Albin Kurti’s side. Therefore, even the Europeans and the embassies must respect Kosovo’s sovereignty in law enforcement and the functioning of the rule of law,” he concluded.
“I do not believe there is another path for the freedom and democracy of Kosovar society, except for enforcing the law and applying it equally to 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 applies for respecting the law and the rule of law!,” Enver Bytyçi concluded his interview for “Bota today”.
