Surprise meeting in Pristina, Sorensen discusses with Kurti the fate of Serb judges and prosecutors

The European Union’s special envoy for the Kosovo-Serbia talks, Peter Sorensen, made an unexpected visit to Pristina on Friday, where he was received by acting Prime Minister Albin Kurti. At the center of their discussion was the reinstatement of judges and prosecutors from the Serb community who had resigned from their posts.

Kurti’s cabinet announced that Sorensen had asked for the executive’s stance on the process of reintegrating dozens of Serb magistrates who left their positions in 2022. The EU insists that this issue be addressed at the dialogue table between the two states, while Kosovo authorities aim to dismiss them and fill the vacancies through competitive procedures for Serb candidates.

The acting Prime Minister reaffirmed readiness to ensure Serb participation in the judicial and prosecutorial system, but rejected the possibility of an unconditional return. He stressed that every step must be based on the Constitution and the legislation in force in Kosovo.

“The mass resignations that occurred four years ago in the north of the Ibar aimed to undermine the multi-ethnic character of our democratic system. Now, the only path is the one defined by Kosovo’s laws and Constitution, which for the judicial system means preserving ethnic diversity, but also guaranteeing independence and justice standards,” Kurti conveyed to the European diplomat, according to his office.

As of these moments, Sorensen has not issued any statement about this unannounced trip. His visit coincided with the calls that both Kurti and acting President Albulena Haxhiu addressed to the Kosovo Judicial Council (KJC) to initiate dismissal proceedings for the Serb judges who resigned, despite Brussels’ appeal not to exert pressure on an independent institution.

Earlier in the day, at a government meeting, Kurti described the Serbs’ abandonment of institutions in 2022 as “an organized political action” and warned that their automatic return would violate the constitutional and legal framework. Along the same lines, Haxhiu called on the KJC “not to submit to anyone’s pressure, whether domestic or international” and to forward to her the request for the release from duty of these judges.

The KJC meeting scheduled for Friday, where this topic was also expected to be discussed, did not take place due to lack of quorum. Around 130 Serb prosecutors and judges resigned at the end of November 2022, joining the collective withdrawal of members of this community from all state structures in Kosovo’s four northern Serb-majority municipalities: North Mitrovica, Leposavić, Zvečan, and Zubin Potok.

This act, pushed by the Serb List – the main political entity of Kosovo Serbs that enjoys Belgrade’s support – came as a reaction to the Government’s decision to ban license plates issued by Serbia and replace them with those of the Republic of Kosovo.

On Tuesday, Haxhiu signed the decrees of release from duty for seven Serb prosecutors who had withdrawn at the end of 2022. This action followed the Prosecutorial Council’s rejection of the requests of five prosecutors and 15 administrative employees of the Basic Prosecution in Mitrovica to annul their resignations – a decision that drew criticism from the EU.

During Friday, Haxhiu added that she has data according to which some of the resigned Serb magistrates have received – and some continue to receive – payments from Serbia. She also raised suspicions that these individuals may have been involved in illegal activities and may have been subject to Serbian influence in the exercise of their functions.

“There are numerous cases, some of which have been made public, where former judges and prosecutors have participated in meetings in Serbia and Kosovo, where plans were discussed and actions were taken, including road blockades,” Haxhiu stated.

The acting President expressed hope that the KJC will not make a decision that, according to her, would be contrary to the law and would set a “dangerous precedent.” However, she warned that as soon as she receives the names of the judges who resigned, she will immediately proceed with decreeing their dismissal.

Haxhiu underlined that the gates of Kosovo institutions are open for Serbs who are not influenced by Belgrade, adding that the Prosecutorial Council has already announced the opening of a new competition and that the KJC should follow the same path.