Haxhiu decrees the dismissal of seven Serbian prosecutors, lawyer explains the steps they can take

Albulena Haxhiu, in her capacity as acting president, announced that she had signed the decrees removing seven prosecutors from the Serbian community from office, following a decision by the Kosovo Prosecutorial Council.

The resignations of these prosecutors had been submitted in 2022.

According to Haxhiu, the signing of the decrees brings an end to a procedure that had remained open for years, while also implementing the decision of the competent body in accordance with the Constitution and the legislation of the Republic of Kosovo. She stressed that the functioning of the state is based on the constitutional order and the rule of law, and that no one can hold institutions hostage or create legal uncertainty by leaving processes unfinished.

The acting president also declared that the Republic of Kosovo would continue to act decisively, respecting the law and protecting the integrity of its institutions.

Regarding this matter, lawyer Ardian Bajraktari spoke to “Bota sot,” explaining the legal aspects of the decision.

Bajraktari assessed that Haxhiu was obliged to implement the decision of the Kosovo Prosecutorial Council and, through the decrees, conclude the delayed procedure for removing the prosecutors from office.

He explained that the process, which had remained suspended for some time, reached its conclusion with the decrees issued by the acting president. Since the Kosovo Prosecutorial Council had rejected requests to withdraw the resignations submitted years earlier and had subsequently proposed removing the prosecutors from office, he said Haxhiu had no alternative but to implement the decision.

However, the lawyer made clear that the prosecutors removed from office may turn to the courts to challenge the decision, as the legality of presidential decrees may be subject to judicial review.

According to Bajraktari, parties dissatisfied with these decisions or decrees who claim that their rights have been violated now have the opportunity to seek protection in court. He stressed that individual acts of public authorities are not exempt from judicial review, even when issued by the President. Their legality is assessed by the regular courts, a standard that the Constitutional Court established in 2021 through case number KI. 214/21, he concluded to “Bota sot.”