KPK rejects the return to duty of Serbian prosecutors – lawyer Halilaj clarifies the legal basis of the decision

The acting president of Kosovo, Albulena Haxhiu, announced yesterday that she has signed the decrees for the dismissal of seven prosecutors from the Serbian community. This action came after a prior decision by the Kosovo Prosecutorial Council.

On July 20, the Kosovo Prosecutorial Council reviewed and rejected the request of five Serbian prosecutors and 15 administrative staff of the Basic Prosecution Office in Mitrovica, who sought to withdraw the resignations they had submitted in November 2022 amid the mass abandonment of Kosovo institutions by Serbs.

To clarify this decision, lawyer Gazmend Halilaj spoke to “Bota sot,” emphasizing that the KPC’s decision-making is based on fundamental legal principles.

Regarding the legal dimension, he stressed that a resignation given freely by an individual generates irreversible legal consequences. According to him, such an act, once it has been approved and has produced its effects, does not guarantee anyone the immediate right to return to the previous position. This depends exclusively on the current legislation and the judgment of the relevant decision-making body.

Halilaj also addressed the political motivations behind these resignations, underscoring that they do not cancel the legal consequences, as the state’s rules must be applied equally to everyone. He also outlined the path that must be followed if the individuals in question aim to regain those positions.

The lawyer explained that the justice system is founded on legal certainty, institutional independence, and the uninterrupted functioning of its activities. According to him, approving a withdrawal of resignations so long after they were submitted and after numerous consequences have ensued would undermine legal certainty and set a dangerous precedent, striking at the stability of the administration of justice.

He added that accountability is a cornerstone of exercising state functions. Any decision to leave office, regardless of what motivated it, entails legal effects that require full compliance with the law. If these individuals aspire to reintegrate into the justice system, the only path is through standard recruitment and appointment procedures, respecting the legislation in force and the principle of equality before the law.

In closing, Halilaj concluded that the Kosovo Prosecutorial Council’s decision serves to preserve the legal order. Relying on the need for legal certainty, institutional accountability, and the protection of the integrity of the justice system, he assessed this action as an essential step for the stability of institutions.