Gërvalla opposes EU pressure over decision on Serbian judges

Acting Minister of Justice Donika Gërvalla has defended the decision of the Kosovo Judicial Council regarding the resignations of Serbian judges, rejecting statements made by European Union officials.

She stressed that the KJC had acted in accordance with the Constitution and the applicable legislation of the Republic of Kosovo, while independent institutions should not be subjected to political pressure.

Gërvalla said that the representation of communities in justice institutions is a constitutional obligation, but cannot be used to circumvent the law, judicial independence or the individual responsibility of judicial officials.

In her reaction, the minister stated that the implementation of the law in Kosovo cannot be negotiated and that no one can be placed above it.

On August 27, 2026, the Kosovo Judicial Council rejected requests to withdraw the resignations of Serbian judges, submitted in 2022. At the same time, the KJC decided to propose to the acting President of the Republic of Kosovo that they be relieved of their duties.

According to Gërvalla, this was a decision taken by an independent institution and fully in line with Kosovo’s constitutional and legal framework.

She referred to Article 26 of the Law on the Kosovo Judicial Council, which stipulates that, in the event of a judge’s or prosecutor’s resignation, the Council must submit a proposal to the President to relieve that person of their duties.

The minister emphasized that the resignations were submitted in 2022 and that almost four years have passed since then. During this period, the judges in question have not performed their duties.

According to her, they have remained outside the regular processes of Kosovo’s judicial system, including reporting, performance evaluations, ongoing training and other obligations that apply to all judges.

Gërvalla said that continued absence from work constitutes a serious disciplinary violation under the 2018 Law on Disciplinary Responsibility. She added that this violation, together with the other unfulfilled legal obligations, makes the withdrawal of the resignations unacceptable under the current circumstances.

However, the minister said the decision should also be viewed in the context in which the resignations were submitted.

According to her, the 2022 resignations were not individual and isolated initiatives, but were submitted in an organized manner, together with resignations from other positions in justice institutions, amid political pressure directed by the state of Serbia.

Gërvalla stated that such action was contrary to the laws of the Republic of Kosovo and to the judges’ obligation to respect the constitutional order, the country’s legal system and their independence while exercising their functions.

She also referred to the decision of the Kosovo Prosecutorial Council of July 20, 2026, when that institution rejected the request by Serbian prosecutors and administrative staff to withdraw the resignations submitted in November 2022.

The minister publicly called on those who claim that these decisions violate the law to specify which law, article or provision was breached.

She also asked which law of the Republic of Kosovo allows a person to resign from a position in the justice system, not perform that role for approximately four years and then return to the same position.

According to Gërvalla, if a legal violation is alleged, the specific provision that was breached must be clearly identified.

She called it unacceptable for a KJC decision based on Kosovo’s Constitution and laws to be called into question for political reasons. Gërvalla said Kosovo cannot be asked to implement the law while its institutions are simultaneously pressured when they act in accordance with the law.

According to her, European partners should support the rule of law in Kosovo not only when decisions align with political interests, but especially when independent institutions make decisions on the basis of the law.

“As Minister of Justice, I strongly support the decision of the Kosovo Judicial Council and its independence to act in accordance with its constitutional and legal mandate,” Gërvalla declared.

She reiterated that the representation of all communities in justice institutions is a constitutional obligation, but added that this principle cannot be used to relativize the law, judicial independence or the individual responsibility of holders of judicial positions.

“The Republic of Kosovo is a state governed by the rule of law, and the rule of law has meaning only when the law is applied equally to everyone,” the minister said.

Gërvalla also stated that Kosovo should not sacrifice the rule of law for the EU’s appeasement policies, to the detriment of its constitutional and legal order.

“In the Republic of Kosovo, no one is above the law. Absolutely no one! No individual, no institution and no political pressure, domestic or international,” she concluded.