European Union questioned after criticism over dismissal of Serbian prosecutors; Kosovo insists on rule of law

The decision of Kosovo’s acting president, Albulena Haxhiu, to decree the dismissal of seven prosecutors from the Serb community has been met with criticism from the European Union, sparking a debate over the spirit of this stance and respect for the country’s constitutional order.

Through a spokesperson, the European bloc assessed that the action of Ms. Haxhiu and the prior decision of the Kosovo Prosecutorial Council (KPC) do not appear to be in compliance with the law, especially since the prosecutors in question had previously announced that they were withdrawing their resignations.

“This does not appear to be in compliance with the law, with due legal process and with the general requirements of the rule of law in Kosovo. The EU calls on all relevant institutions to refrain from actions aimed at hindering the reintegration of Kosovo Serb judicial personnel,” the EU spokesperson stated.

On July 21, Haxhiu announced that she had signed the decrees for the dismissal of these prosecutors, who had collectively withdrawn from the justice system back in 2022. She stressed that with this act, a decision of the competent institution is being implemented and a long process is being closed, fully in harmony with the Constitution and legislation of Kosovo.

The EU’s immediate reflection has raised major questions about the balance between the need to preserve the functionality of Kosovo’s institutions and respect for the rule of law, recalling that the departure of these prosecutors was a politically motivated action coordinated by Belgrade.

Burjani: Professional ethics and politics do not coexist

Lawyer Blerim Burjani, in a conversation with “Bota sot,” has sharply criticized the EU’s tone, describing its approach as incorrect and unprofessional. He stressed that the Serb prosecutors resigned for political interests and not professional ones, undermining the very essence of judicial ethics.

“At the very least, the EU should appear more sincere regarding the professional ethics of Serb judges and prosecutors, who left their jobs without any reasoning and without any professional motive, but only for political motives. Being a judge or prosecutor and engaging in politics at the same time do not go together,” he declared.

Burjani demands that the European bloc view the issue from a professional and not political prism, supporting Kosovo or at least using a fairer tone. “Therefore, at least, the EU is required to be correct in its assessment… It would be fairer to support Kosovo or, at least, its tone to be professional and not political in the field it speaks about,” he added.

He warned that any kind of “coddling” of the Serbs by the EU further damages order and law in Kosovo. According to Burjani, the only path to reintegration is full acceptance of the state, order and law of Kosovo, otherwise there is no guarantee that the same prosecutors will not leave their jobs again for political reasons.

“This is not serious. The more coddling, the worse for order and law in Kosovo. Kosovo must be respected, as well as its legal and constitutional order. The game has legal rules and nobody can leave work whenever they want and return whenever they feel like it. This does not happen even in EU countries or anywhere else. The state is not a child to be played with,” Burjani concluded.

Qarri: Surprise at the EU’s double standards

Political analyst Gani Qarri also expressed surprise at the EU’s stance, comparing the silence over a serious statement by a Serbian minister with the harsh reaction towards Kosovo. He recalled that it was Belgrade itself that ordered the collective departure of Serbs from institutions, an action that was not halted by the EU.

“It is more than surprising how the European Union… passes over her statements almost in silence and jumps to baseless accusations against the legal and Constitutional decisions of the state institutions of the Republic of Kosovo,” Qarri said to “Bota sot,” mentioning the case of extremist statements by Serbian minister Snezhana Paunović.

He stressed that the Serb minority prosecutors resigned with full will and were politically motivated, making Ms. Haxhiu’s decree a normal legal step to resolve ambiguities and close a protracted process. “Given that even the Serb minority prosecutors in November 2022 accepted the order from Belgrade and resigned without any pressure… on July 21 this year, the acting president… rightly signed the dismissal decrees,” Qarri assessed.

He defended the KPC decision and Haxhiu’s decree as necessary to avoid holding the functioning of justice hostage and to eliminate legal ambiguities. According to him, there is no room for EU criticism as long as the resignations were the result of a political diktat from Belgrade.

Further, Qarri highly praised the determination shown by the acting president, underlining that this act proves that Kosovo will continue to act without hesitation in defense of institutional integrity. “Therefore, by signing the decrees… it is being proven that the Republic of Kosovo will continue to act with resolve, in accordance with the Constitution and the laws of the country,” he said.

At the end of his analysis, Qarri added that the conclusion of this multi-year process should be welcomed by the EU itself as an action in the spirit of regular legal procedures. He closed with a criticism of the still-closed main bridge over the Ibar, another issue where, according to him, the European bloc has not shown the same principled approach.