Haxhiu Decrees the Dismissal of Seven Serbian Prosecutors, Lawyer Outlines Steps They Can Take

Following the decision of the Kosovo Prosecutorial Council, acting President Albulena Haxhiu has signed decrees releasing seven prosecutors from the Serbian community from office.

The prosecutors had submitted their resignations in 2022.

Haxhiu said the signing of the decrees concludes a procedure that had remained unresolved for years and implements the decision of the competent body, in accordance with the Constitution and the legislation of the Republic of Kosovo. According to her, the functioning of the state is based on the constitutional order and the rule of law, while no one may obstruct the institutions or create legal uncertainty by leaving processes unfinished.

She added that the Republic of Kosovo will continue to act decisively, respecting the law and protecting the integrity of its institutions.

Lawyer Ardian Bajraktari spoke to “Bota sot” about the issue.

According to him, the delayed process of removing the prosecutors from office was concluded through decrees issued by the acting president, who was required to implement the decision of the Kosovo Prosecutorial Council.

Bajraktari explained that the matter had remained pending for some time. Since the Kosovo Prosecutorial Council had rejected the requests to withdraw the resignations submitted years earlier and had consequently proposed releasing the prosecutors in question from office, the acting president had no option but to dismiss them.

The lawyer stressed that the dismissed prosecutors may challenge the decision in court, as the legality of presidential decrees may also be subject to judicial review.

If the dissatisfied parties believe that these decisions or decrees have violated their rights, Bajraktari said they are entitled to seek protection in court. He explained that individual acts issued by public authorities are not exempt from judicial review, even when issued by the President, and that their legality is assessed by the regular courts. Bajraktari said this standard was established by the Constitutional Court in 2021 through case No. KI. 214/21.