Return of Serbian prosecutors rejected – KPC decision based on legal certainty, explains lawyer Halilaj

The Kosovo Prosecutorial Council has rejected the request of five prosecutors and 15 administrative staff of the Basic Prosecution in Mitrovica to annul their resignations. These resignations were part of the mass departure of Serbs from Kosovo institutions in November 2022. The decision was taken during the meeting held on July 20.

Following this step, the acting President of Kosovo, Albulena Haxhiu, announced a day earlier that she had signed the decrees for the dismissal of seven prosecutors belonging to the Serb community. This action came in implementation of the decision taken by the KPC.

Regarding this matter, lawyer Gazmend Halilaj shared his opinion for “Bota sot.” According to him, the Prosecutorial Council’s decision is based on fundamental principles of law and not on political motives.

Analyzing the legal side, Halilaj emphasized that a voluntary resignation carries inseparable legal consequences. He clarified that once a resignation is accepted and has taken effect, the return to the previous position is not automatically guaranteed. This process is conditioned by current legislation and the judgment of the responsible body.

The lawyer also highlighted the dimension of institutional responsibility, stressing that every decision to withdraw from a public office, regardless of the reasons, generates obligations that must be respected. He added that if the former prosecutors wish to return to the justice system, the only path is through standard recruitment and appointment procedures, subject to equality before the law.

Furthermore, Halilaj argued that allowing the withdrawal of resignations after so many years would set a dangerous precedent for legal certainty and the stability of the justice system. Such an action, according to him, would undermine the principles of institutional independence and functional continuity on which the administration of justice is built.

At the end of his analysis, lawyer Gazmend Halilaj concluded that the rejection of the request by the Kosovo Prosecutorial Council serves precisely to protect the legal order and the integrity of institutions, relying fully on the principles of responsibility and legal certainty.