Serbian Judges’ Resignations Remain Undecided as Experts Call for Legal Procedures to Be Respected

The Kosovo Judicial Council (KJC) was unable to review the resignations of Serbian judges after the scheduled meeting failed due to a lack of quorum.

Three members boycotted the meeting following disagreements over the agenda, which also included the establishment of the Council’s standing committees.

The issue stems from the collective departure of around 130 Serbian judges, prosecutors and administrative employees from Kosovo’s institutions in November 2022.

Legal experts emphasize that the judges and prosecutors who resigned cannot automatically return to their positions. According to them, resignation carries legal consequences, meaning that any step must be taken in accordance with the procedures established by law.

They believe that a possible return can be considered only through regular procedures, including a recruitment process. According to the experts, every decision must have a legal basis and guarantee legal certainty and the functioning of the rule of law.

Halilaj: Failed meeting points to serious institutional problems

Lawyer Gazmend Halilaj told “Bota sot” that the inability to hold the KJC meeting is a troubling sign of how the justice system is functioning.

According to him, this situation shows that the justice system is facing serious institutional challenges that must be overcome responsibly and in accordance with the law. Halilaj stressed that the KJC is required, under both the Constitution and the law, to function without obstruction and make decisions in a timely manner, particularly when dealing with matters that affect the normal functioning of the judiciary.

Referring to the resignations of judges and staff from the Serb community, he said the prolonged delay in addressing them had raised significant legal and institutional questions.

Halilaj explained that resignation, as an individual act, generally carries legal consequences. However, according to him, the responsible body’s failure to respond for an extended period creates legal uncertainty and undermines the principle of the sound administration of justice.

He added that if it is established that the judges left their positions and did not perform their duties for an extended period, the KJC could consider disciplinary measures or their dismissal, provided that the legal criteria are met. According to him, such action must be taken in accordance with the legislation in force and only after all relevant procedures have been followed.

The lawyer emphasized that decision-making must be based on the law, guarantee the right to due process and respect constitutional standards. Only in this way, he said, can the decision remain sustainable and withstand any potential challenge.

In conclusion, Halilaj told “Bota sot” that the rule of law requires institutions not to allow prolonged institutional vacuums to emerge. He called for issues to be addressed promptly and professionally, as this is the only way to preserve citizens’ trust in the justice system and guarantee the efficient functioning of the institutions of the Republic of Kosovo.

Burjani: Return cannot take place without a new recruitment process

Legal affairs expert Blerim Burjani told “Bota sot” that judges and prosecutors who resigned cannot return to the justice system without undergoing the procedures prescribed by law.

According to Burjani, there is no legal basis for their return. He explained that resignation is considered a voluntary departure and that a terminated contract cannot be renewed automatically.

He said it would be unlawful for them to return as though the resignations had never occurred. According to him, the issue should not be viewed from a political perspective but should be addressed in legal and contractual terms.

Burjani stressed that their return cannot take place without a new recruitment process. Only after they apply, he said, can it be assessed whether the former judges and prosecutors should be readmitted or whether new Serbian judges and prosecutors should be selected from the Serb community.

He also criticized the European Union’s response to the case, describing it as strange, nonsensical and incompatible with legal principles.

Burjani said that law and order are unrelated to politics. According to him, if individuals resigned from courts in EU countries, they would not be automatically reinstated—or, under any circumstances, even through a recruitment process.

Concluding his comments to “Bota sot,” he emphasized that the voluntary termination of a contract carries very serious legal consequences, regardless of the motives that led to such a decision.