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Haxhiu decrees the dismissal of seven Serbian prosecutors – What are the next steps? Attorney explains the legal path

Albulena Haxhiu, in her capacity as acting president, announced that she has signed the decrees dismissing seven prosecutors from the Serb community, thus implementing the decision of the Kosovo Prosecutorial Council.

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The prosecutors in question had submitted their resignations as early as 2022.

Haxhiu stressed that this action ends a process that had been prolonged for a long time and implements the decision of the responsible body, in accordance with the Constitution and legislation of Kosovo. She added that the state functions on the basis of constitutional order and the rule of law, and no individual can block the functioning of institutions or create legal uncertainty through unfinished processes.

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

Regarding this development, lawyer Ardian Bajraktari gave a statement to “Bota sot,” explaining the implications of this act.

Bajraktari stated that the acting president was obliged to enforce the decision of the Prosecutorial Council, thus finalizing a delayed procedure for the dismissal of the prosecutors. According to him, since the Prosecutorial Council had previously rejected the requests to withdraw those resignations and consequently notified their dismissal, the acting president had no other option but to dismiss them.

The lawyer emphasized that the dismissed prosecutors now have the opportunity to challenge this decision in court, as presidential decrees are also subject to judicial review of their legality.

He explained that dissatisfied parties have the right to address the court if they believe their rights have been violated. Bajraktari stressed that individual acts of public authorities, including presidential decrees, are not immune to judicial review. This legal standard, according to him, was established by the Constitutional Court in 2021, during the review of case KI. 214/21.