For several weeks, discussions have been taking place within Kosovo’s justice system and other institutions about the possible return of judges and prosecutors from the Serbian community. Alongside the debate, claims have also mounted that pressure is being exerted on the institutions responsible for the matter.
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About 130 Serbian judges and prosecutors submitted their resignations at the end of November 2022, during the organized withdrawal of Serbs from Kosovo’s institutions in the four Serb-majority northern municipalities: North Mitrovica, Leposaviq, Zveçan and Zubin Potok.
The collective withdrawal was initiated by the Serbian List, the largest political party representing Serbs in Kosovo, which has the support of Belgrade. The move came in opposition to the Kosovo Government’s decision to phase out vehicle license plates issued by Serbia and replace them with Kosovo plates.
The issue of the resignations, which had remained unresolved, returned to the spotlight in mid-June. Acting President Albulena Haxhiu asked the Kosovo Judicial Council and the Kosovo Prosecutorial Council to fulfill their legal obligation without delay and submit the names of those who had resigned so that she could dismiss them from office by decree.
On July 21, Haxhiu decreed the dismissal of seven Serbian prosecutors who had resigned at the end of 2022. The decision followed the Kosovo Prosecutorial Council’s rejection of requests by five prosecutors and 15 administrative employees of the Basic Prosecution Office in Mitrovica to withdraw their resignations.
The move was criticized by the European Union. Days earlier, the EU had called on political parties not to exert pressure or interfere in the Kosovo Judicial Council’s decision-making after several representatives of the ruling Vetëvendosje Movement demanded that the council rule against reinstating the Serbian judges.
Haxhiu, for her part, said that the pressure on the Judicial Council and the Prosecutorial Council was coming from Kosovo’s international partners. On Friday, she called on the Kosovo Judicial Council not to be influenced by anyone, whether domestic or international actors.
Regarding the return of Serbian judges and prosecutors, caretaker Prime Minister Albin Kurti recently met with Peter Sorensen, the European Union’s special envoy for the dialogue and normalization of relations between Kosovo and Serbia.
Kurti conveyed to Sorensen the same position he had presented at a government meeting: a solution must be found on the basis of Kosovo’s Constitution and legislation.
According to Kurti, Kosovo’s authorities had called on Serbs not to leave the institutions, not to resign and not to abandon their jobs. However, he stressed that it had never been said, nor does any right exist, that they should now be asked to return.
The caretaker prime minister reiterated this position today, recalling the collective resignation of Serbian police officers in the north. He said the Kosovo Police suffered a severe blow on November 5, 2022, when about 550 Serbian officers collectively left their posts north of the Ibar River, acting, according to him, on orders from Belgrade.
Kurti said the aim of the move had failed because the multiethnic composition of the Kosovo Police had not collapsed, while state sovereignty, territorial integrity and institutional stability had not been undermined. He added that the Republic of Kosovo is safer than ever before.
The government’s position also received support from the Alliance’s Secretary General, Avni Arifi.
Meanwhile, lawyer Ardian Bajraktari told KosovaPress that the Kosovo Prosecutorial Council’s decision not to accept the request to withdraw the resignations is based on the legislation in force and the Constitutional Court’s interpretations.
Bajraktari urged the institutions to exercise caution when coordinating with international partners, particularly in relations with the United States of America.
Regarding the possibility of the former prosecutors returning to their previous positions, he explained that they may apply again if vacancies are announced and if they meet the conditions set by law.
According to him, the Council has already made a decision within the prosecutorial system and, in accordance with Article 26 of the law, sent its proposal to the President, who dismissed them from office by decree, as has been publicly announced. If the former prosecutors believe their rights have been violated, they may turn to the regular courts to seek judicial protection.
He also clarified that the former prosecutors are not denied the right to apply again if a vacancy is announced. If they meet the criteria and successfully complete the recruitment process, they may once again take up the position of prosecutor.
Addressing the potential impact of their return on the justice system, Bajraktari said that community representation is a guaranteed right. However, according to him, the return of these individuals could have consequences for public trust.
In conclusion, he emphasized that a political agreement alone would not be sufficient for their return, as the legal procedures must be followed and respected.
