The acting Minister of Foreign Affairs and Diaspora, Donika Gërvalla, has reacted to the European Union’s statements regarding the decision concerning Serbian judges. She stated that Kosovo’s institutions must exercise their activity while respecting the law and the principles of the rule of law.
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According to Gërvalla, the legal order and institutional independence cannot be called into question, despite the debate created around this issue.
Full response:
In the Republic of Kosovo, the law is not a subject of negotiation and no person can stand above it. This is my reaction to the statements of EU officials regarding the Kosovo Judicial Council’s decision on the resignations of Serbian judges and court administration officials.
In my capacity as Minister of Justice, I cannot remain silent when there is an attempt to cast doubt on the enforcement of the law of the Republic of Kosovo by its independent institutions, or when these institutions are imposed with political interpretations and preferences, regardless of where they come from.
On 27 August 2026, the Kosovo Judicial Council decided not to accept the requests for withdrawal of resignations filed by Serbian judges in 2022. At the same time, the Council proposed to the acting President of the Republic of Kosovo their dismissal from duty.
The decision was taken by an independent institution and is fully based on the Constitution and the applicable laws of the Republic of Kosovo.
Article 26 of the Law on the Kosovo Judicial Council clearly stipulates that when a judge or prosecutor resigns, the Council must forward to the President a proposal for his/her release from duty. The resignations in question were submitted in 2022, and nearly four years have passed since then.
For about four years, the judges in question have not performed their duties.
During this time, they have not been part of regular processes in Kosovo’s judicial system. This includes reporting, performance evaluation, continuous trainings, and other obligations that apply to all judges.
The applicable Law on Disciplinary Responsibility of 2018 considers continuous absence from work a serious disciplinary violation. Added to other unfulfilled legal obligations, this makes the withdrawal of resignations unacceptable under the current circumstances.
Nevertheless, the assessment of this issue must also be made in relation to the circumstances under which these resignations were submitted.
The resignations of 2022 did not constitute separate, personal steps. They were submitted in a coordinated manner, together with resignations from other positions in the justice institutions, in a situation accompanied by political pressure exerted by the state of Serbia.
Such an act was contrary to the laws of the Republic of Kosovo, and also contrary to the judges’ obligation to respect the constitutional order and the country’s legal system, as well as to preserve independence in the exercise of their function.
The same stance was expressed by the Kosovo Prosecutorial Council on 20 July 2026. In that case, the Council rejected the request of Serbian prosecutors and administrative staff for the return of resignations submitted in November 2022.
For this reason, I publicly challenge anyone who says these decisions violate the law of the Republic of Kosovo to specify which law was violated. Which article or which provision?
Let them show where in the laws of the Republic of Kosovo is it provided that a person may resign from a position in the justice system, not exercise it for approximately four years, and then return to the same position.
If it is claimed that there were legal violations, then the law that is allegedly violated must be clearly identified.
It cannot be accepted that a decision of the Judicial Council, based on the constitutional and legal framework of the Republic of Kosovo, is called into question for political motives. It is contradictory to ask Kosovo to enforce the law and at the same time exert pressure on its institutions when they do so.
European partners should support the rule of law in Kosovo in all circumstances, not only when institutional decisions align with political interests. Support is especially necessary when independent institutions decide on the basis of the law.
As Minister of Justice, I fully support the decision of the Kosovo Judicial Council and its right to act in accordance with its constitutional and legal mandate.
Also, I want to reiterate that the representation of all communities in justice institutions is a constitutional obligation. But this principle cannot be exploited to weaken the law, judicial independence, or the individual responsibility of those exercising judicial functions.
The Republic of Kosovo is a state governed by the rule of law, and the rule of law has value only when the law is applied equally to all.
Kosovo cannot sacrifice its rule of law in the name of the EU’s appeasement policies, thus damaging the constitutional and legal order of the Republic of Kosovo.
In the Republic of Kosovo, no one stands above the law. No one. No individual, no institution, and no political pressure, whether domestic or international.
