KGJK meeting fails, experts: Return of Serb judges requires legal procedures

The session of the Kosovo Judicial Council (KJC) was not held due to lack of quorum, thus suspending the review of the resignations of Serb judges.

Three members of this body boycotted the meeting, after clashes over agenda items, which included the establishment of permanent commissions.

These resignations are part of a broad wave of departures from Kosovo institutions that occurred in November 2022, when around 130 judges, prosecutors, and administrative staff from the Serb community abandoned their posts.

Legal experts point out that these professionals cannot be reintegrated automatically. Resignation, as a unilateral act, creates concrete legal effects and mandates the application of rules defined by law.

According to them, any decision-making must have a strong legal basis, and a possible return can only be considered by following formal paths, such as the competition process, in order to preserve legal certainty and strengthen the rule of law.

Lawyer Gazmend Halilaj described the failure of the meeting as an alarming signal about the state of the justice system. He stressed that the KJC has constitutional and legal responsibilities to act without obstacles and to make timely decisions, especially on matters affecting the normal functioning of the judiciary.

Commenting on the delay in handling the resignations, Halilaj said this situation raises major questions about legal certainty and the sound administration of justice. He added that if it is confirmed that the judges abandoned their duties for a long time, the Council, respecting legal procedures, may also consider initiating disciplinary measures or dismissal, but always ensuring a fair process and constitutional standards.

In conclusion, he stressed that it is essential for institutions to avoid prolonged gaps and manage situations professionally, in order to preserve citizen trust in justice.

Meanwhile, another legal expert, Blerim Burjani, was firm in his stance that judges and prosecutors who resigned have no chance to return to the system without facing a new competition process. He explained that resignation, being considered a voluntary termination of the contract, cannot be automatically annulled, as this would be illegal and would disregard contractual consequences.

Burjani also criticized the European Union’s stance on this issue, calling it meaningless and not in line with legal principles. He said that in no EU country would such a return be allowed, not even after a competition, let alone automatically, underlining that voluntary termination of employment carries serious legal consequences, regardless of motives.