The Union of Judges, the National Association of Judges, and the Association of Prosecutors of the Republic of Albania have reacted after the deadline set by the Constitutional Court for amending the law regulating the status of magistrates expired.

The associations state that Parliament did not approve the necessary changes to judges’ and prosecutors’ salaries.

By decision no. 15, dated 17.02.2026, the Constitutional Court accepted the request to annul articles 1 and 2, point 2, of law no. 33/2023, dated 25.05.2023 “On an amendment to law no. 96/2016 ‘On the status of judges and prosecutors in the Republic of Albania’, as amended”. The request was filed by the Union of Judges and later joined by the National Association of Judges.

According to the associations, the Court found that the changes approved by Parliament had violated the financial status of magistrates, as they had resulted in a hidden salary reduction. The same decision also defined the constitutional criteria on which the new salary formula should be drafted, while Parliament was given until 31 July 2026 to adopt the relevant legal amendments.

“With the expiration of the deadline provided, we note that Parliament has not acted to approve the legal changes,” the joint reaction from the magistrates’ organizations states.

The associations emphasize that Parliament’s inaction has not created a legal vacuum, as the Constitutional Court had already predetermined the method of implementation in this situation. For this reason, starting from 1 August 2026, magistrates’ salaries must be calculated according to the formula referring to the salary of the senior public administration official, in line with Constitutional Court decision no. 35/2022.

The same formula must also be applied retroactively for the period from 1 April 2023 to 31 July 2026. The associations have stated they will closely monitor the implementation of decision no. 15, dated 17.02.2026, and have called on the responsible institutions and officials to respect the obligations arising from article 132, point 1, of the Constitution of the Republic of Albania.

The Union of Judges, the National Association of Judges, and the Association of Prosecutors of the Republic of Albania express that they will remain united in this stance and will monitor every step taken to implement the decision. They have also reiterated their readiness to cooperate constructively with the responsible institutions, with the aim of guaranteeing constitutional standards and the status of the magistrate.

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For several weeks, discussions have been taking place within Kosovo’s justice system and other institutions about the possible return of judges and prosecutors from the Serbian community. Alongside the debate, claims have also mounted that pressure is being exerted on the institutions responsible for the matter.

About 130 Serbian judges and prosecutors submitted their resignations at the end of November 2022, during the organized withdrawal of Serbs from Kosovo’s institutions in the four Serb-majority northern municipalities: North Mitrovica, Leposaviq, Zveçan and Zubin Potok.

The collective withdrawal was initiated by the Serbian List, the largest political party representing Serbs in Kosovo, which has the support of Belgrade. The move came in opposition to the Kosovo Government’s decision to phase out vehicle license plates issued by Serbia and replace them with Kosovo plates.

The issue of the resignations, which had remained unresolved, returned to the spotlight in mid-June. Acting President Albulena Haxhiu asked the Kosovo Judicial Council and the Kosovo Prosecutorial Council to fulfill their legal obligation without delay and submit the names of those who had resigned so that she could dismiss them from office by decree.

On July 21, Haxhiu decreed the dismissal of seven Serbian prosecutors who had resigned at the end of 2022. The decision followed the Kosovo Prosecutorial Council’s rejection of requests by five prosecutors and 15 administrative employees of the Basic Prosecution Office in Mitrovica to withdraw their resignations.

The move was criticized by the European Union. Days earlier, the EU had called on political parties not to exert pressure or interfere in the Kosovo Judicial Council’s decision-making after several representatives of the ruling Vetëvendosje Movement demanded that the council rule against reinstating the Serbian judges.

Haxhiu, for her part, said that the pressure on the Judicial Council and the Prosecutorial Council was coming from Kosovo’s international partners. On Friday, she called on the Kosovo Judicial Council not to be influenced by anyone, whether domestic or international actors.

Regarding the return of Serbian judges and prosecutors, caretaker Prime Minister Albin Kurti recently met with Peter Sorensen, the European Union’s special envoy for the dialogue and normalization of relations between Kosovo and Serbia.

Kurti conveyed to Sorensen the same position he had presented at a government meeting: a solution must be found on the basis of Kosovo’s Constitution and legislation.

According to Kurti, Kosovo’s authorities had called on Serbs not to leave the institutions, not to resign and not to abandon their jobs. However, he stressed that it had never been said, nor does any right exist, that they should now be asked to return.

The caretaker prime minister reiterated this position today, recalling the collective resignation of Serbian police officers in the north. He said the Kosovo Police suffered a severe blow on November 5, 2022, when about 550 Serbian officers collectively left their posts north of the Ibar River, acting, according to him, on orders from Belgrade.

Kurti said the aim of the move had failed because the multiethnic composition of the Kosovo Police had not collapsed, while state sovereignty, territorial integrity and institutional stability had not been undermined. He added that the Republic of Kosovo is safer than ever before.

The government’s position also received support from the Alliance’s Secretary General, Avni Arifi.

Meanwhile, lawyer Ardian Bajraktari told KosovaPress that the Kosovo Prosecutorial Council’s decision not to accept the request to withdraw the resignations is based on the legislation in force and the Constitutional Court’s interpretations.

Bajraktari urged the institutions to exercise caution when coordinating with international partners, particularly in relations with the United States of America.

Regarding the possibility of the former prosecutors returning to their previous positions, he explained that they may apply again if vacancies are announced and if they meet the conditions set by law.

According to him, the Council has already made a decision within the prosecutorial system and, in accordance with Article 26 of the law, sent its proposal to the President, who dismissed them from office by decree, as has been publicly announced. If the former prosecutors believe their rights have been violated, they may turn to the regular courts to seek judicial protection.

He also clarified that the former prosecutors are not denied the right to apply again if a vacancy is announced. If they meet the criteria and successfully complete the recruitment process, they may once again take up the position of prosecutor.

Addressing the potential impact of their return on the justice system, Bajraktari said that community representation is a guaranteed right. However, according to him, the return of these individuals could have consequences for public trust.

In conclusion, he emphasized that a political agreement alone would not be sufficient for their return, as the legal procedures must be followed and respected.

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Despite the far-reaching justice reform and the years-long vetting process for magistrates, Albania continues to have one of the lowest numbers of judges relative to its population in Europe.

In 2024, the country had only 9.66 professional judges per 100,000 inhabitants, according to Eurostat data processed by Monitor. For Albania, Eurostat reports only the number of judges; the ratio per 100,000 inhabitants was calculated by the editorial staff.

This level was around 39% below the European Union average of 15.7 judges per 100,000 inhabitants.

Among the 32 European and regional countries for which data were available, Albania ranked ninth from the bottom. Only Sweden, Malta, Poland, Italy, Czechia, Spain, Austria and Ireland had lower ratios.

Compared with other Western Balkan countries, Albania has a significant gap. Montenegro had 42.49 judges per 100,000 inhabitants, Serbia 40.18 and North Macedonia 20.15.

Relative to population, Montenegro had more than four times as many judges as Albania, while Serbia had around four times as many. No data for Bosnia and Herzegovina or Kosovo appear in the relevant table.

The low level reflects the shrinking of the judiciary during the vetting process, when departures, resignations and dismissals were not matched at the same pace by new appointments.

As a result, some courts have operated with vacant positions, while case backlogs and the length of proceedings have become some of the system’s main problems.

Other Eurostat data showed that 55% of judges in Albania are women, one of the lowest shares in Europe.

Croatia and Montenegro Lead Europe

Croatia had the highest ratio in Europe, with 43.32 professional judges per 100,000 inhabitants. It was followed by Montenegro with 42.49, Serbia with 40.18 and Slovenia with 40.16.

High levels were also recorded in Luxembourg, with 36.01 judges per 100,000 inhabitants, Bulgaria with 35.37 and Romania with 35.31.

In Germany, the ratio stood at 26.3 and in Greece at 26.06, while Finland and Estonia had 19.38 and 18.11 judges per 100,000 inhabitants, respectively.

Eurostat reported that across the European Union, the number of judges relative to population has also declined over the past decade. The EU had an average of 15.7 professional judges per 100,000 inhabitants in 2024, down from 17.7 in 2014.

Ireland had the lowest number of judges relative to population, with only 3.64 per 100,000 inhabitants. It was followed by Austria with 4.32, Spain with 6.18, Czechia with 6.72 and Italy with 7.86.

Poland recorded 8.01 judges per 100,000 inhabitants, Malta 8.52 and Sweden 9.04, all below Albania’s level.

However, direct comparisons between countries should also be interpreted in light of differences in the organization of judicial systems, the jurisdiction of courts and the role of other legal personnel.

Eurostat also notes that the data for Austria and Czechia include only judges authorized to hear criminal cases.

How a Professional Judge Is Defined

The indicator includes full-time and part-time professional judges authorized to hear civil, criminal and other cases, including those in courts of appeal.

They must be recruited and paid to work as judges. The data do not include non-professional judges, lay members of judicial panels or magistrates who do not perform this role professionally./Monitor

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In 2024, women accounted for 55% of professional judges in Albania, while men made up 45%, according to Eurostat data. At this level, Albania ranks near the bottom of the European table, ahead of only a few countries such as Poland, Germany, Turkey, Liechtenstein, Ireland and Iceland.

In the Western Balkans, Albania had the lowest percentage of female judges. In Serbia, women accounted for 73% of professional judges, compared with 64.8% in Bosnia and Herzegovina, 63.8% in Montenegro and 61.4% in North Macedonia.

The gap with Serbia, which leads the region, stands at 18 percentage points. Albania also trails neighboring European Union countries such as Greece, where women accounted for 75.5% of judges, and Croatia, with 72.3%.

The data show that although women are a majority in Albania’s judiciary, the gender split is more balanced than in most countries in the region and across Europe, where the judicial profession is more clearly dominated by women.

Women a majority in almost all of Europe

According to Eurostat, the highest share of female judges was recorded in Slovenia, where they accounted for 81.4% of the total. It was followed by Latvia with 79.7%, Greece with 75.5%, Luxembourg with 73.6%, Serbia with 73% and Croatia with 72.3%.

In France, women accounted for 70% of judges, while in Estonia and Hungary their shares stood at 68.7% and 68.6%, respectively. Levels above 65% were also recorded in Lithuania, Portugal, Finland and Romania.

At the other end of the ranking, women were a minority in Iceland, at 43.1%, Ireland at 43.6%, Liechtenstein at 45% and Turkey at 49.6%. Germany had an almost equal split, with women accounting for 50.7% of professional judges.

Eurostat notes that Ireland was the only European Union country where men made up the majority of judges. In Slovenia, Latvia and Greece, by contrast, women accounted for more than three-quarters, or close to that level, of the total.

The EU had fewer judges than a decade ago

In 2024, the European Union had an average of 15.7 professional judges per 100,000 inhabitants, down from 17.7 in 2014.

The highest ratio was recorded in Croatia, with 43.3 judges per 100,000 inhabitants, followed by Slovenia with 40.2, Luxembourg with 36, Bulgaria with 35.4 and Romania with 35.3.

At the other end, Ireland had just 3.6 judges per 100,000 inhabitants, Austria 4.3, Spain 6.2, the Czech Republic 6.7 and Italy 7.9.

Eurostat’s definition includes full-time and part-time professional judges authorized to hear civil, criminal and other cases, including in appellate courts. It does not include non-professional judges or lay members of judicial bodies./Monitor

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ACDC Executive Director Dushan Radaković said that negotiations have already opened the process for the return of members of the Serbian community to the justice system. He said he expects judges and prosecutors to begin work on September 1.

Radaković: Serbian judges and prosecutors may return to the justice system on September 1

Radaković said media reports claiming that turnout in the elections had not reached 1.5% proved accurate, while judges and prosecutors from the Serbian community are currently absent from work. According to him, the process was postponed, and the summer period, when political activity is lower, was used for efforts to secure their return. He said the Judicial Council had been expected to attend the conference, but added that a serious meeting had been held, during which it was discussed that the return process had begun through negotiations. Radaković stressed that they do not wish to create additional pressure, as those involved are, in his words, under extraordinary pressure.

He said that recent meetings had resulted in an agreement that, once the court reopens and people return, no time should be spent on the manner and procedures of their return. According to him, there are security issues and problems that will be addressed during the process. Radaković said the participation of the president of the Judicial Council and its director had been promised for the next conference, which he hopes will be held in mid-September, when further steps and expectations will be explained.

Speaking in a personal capacity, Radaković said he expects people to return to the court on September 1. He also announced that yesterday, particularly its members, informed the Judicial Council of their desire to return and withdraw their resignations. Around 130 people submitted resignations on November 6, 2022, while a smaller number filed an official request. He cited the example of 24 judges who had been working, saying that only 16 of them could return.

Radaković warned that a lack of sufficient staff in the courts and prosecution offices could further hinder the functioning of the justice system. He announced that three people from the north had passed the bar examination.

The head of UNMIK’s Justice Section, Andrea Lako, assessed that holding the conference in Mitrovica was of particular importance. He said the topic is directly linked to the functioning of the justice system in northern Kosovo.

Lako: The return of Serbian judges and prosecutors would help restore normality in the north

Lako said he was pleased that the conference was being held in Mitrovica, which he described as the centre of this problem. He expressed hope for good news in the near future, citing positive indications regarding the return of judges, prosecutors and court staff. According to him, such a return would allow for the gradual restoration of normality.

He stressed that integration is not important only politically. According to Lako, the community needs to have its own judges and prosecutors close to it, so that access to justice can be ensured without obstacles.

Lawyer Shyqyri Syla said that the inclusion of Serbian judges and prosecutors in Kosovo’s justice system has gone through several stages. He assessed that their return would be important both for institutions and for the Serbian community in the north of the country.

Syla: Integration of judicial structures in the north made the justice system functional

Syla said that the functioning of the judiciary in northern Kosovo has been difficult, particularly after the war, when there were several phases of integration of Serbian judges and prosecutors. He said that after the declaration of independence, they left the institutions and other people were also expelled from the building, which posed a major challenge for the justice system.

According to him, there were major obstacles to the swift and fair functioning of judicial bodies for 10 years. In Vushtrri, he said, there were no working conditions, but over time an agreement was reached to implement the 2013/2016 agreement on the integration of judicial structures in the north.

He stressed that the process was not easy and that he had personally contacted and negotiated their return without the presence of international actors. Syla said he had held talks with the chief prosecutor at the time in the parallel prosecution office, if he was not mistaken, and had organised several meetings with the Prosecutorial Council and the former Chief State Prosecutor, Ismet Kabashi.

Syla assessed that their integration was somewhat easier and without conditions. He said this was a welcome process not only for politics, but also for the community itself, as Lako had stressed in his opening remarks. According to him, integration is not carried out for political reasons, but for the needs of communities and to ensure them better access to justice.

Gëzim Shala, a researcher at the Kosovo Law Institute (IKD), said that the representation of communities in justice institutions is a constitutional obligation. He described the return of Serbian judges, prosecutors and support staff as a continuation of the process begun with the 2017 integration.

Shala: Inclusion of communities in the justice system is a constitutional obligation, not a political issue

Shala said that, based on general principles, integration is a constitutional obligation. According to him, the representation of communities in institutions, including justice institutions, is required by the Constitution, and the aim is precisely to implement it. He stressed that communities are represented in the Assembly and in municipalities, and should therefore also be represented in the justice system.

According to Shala, the integration of the judiciary in 2017 was a major achievement because it made the courts functional and identified the cases and problems which, as lawyer Syla mentioned, had accumulated over the years. He said the situation gradually began to return to normal and access to justice took a different course, as the judiciary came to be seen as an institution that belongs to everyone, without divisions between communities.

He said that despite major doubts at the outset, the process functioned well for several years. Shala said that, unfortunately, a single case was used as justification for the resignation of all judges, prosecutors and support staff from the justice system. According to him, this represented a setback in the integration of the justice system.

Shala said that the fact that the Kosovo Judicial Council and the Kosovo Prosecutorial Council did not accept the resignations has kept open the possibility of Serbian judges, prosecutors and support staff returning to the justice system. He described this as an important step towards restoring citizens’ trust in justice institutions.

The discussion on justice in northern Kosovo did not focus solely on the return of Serbian judges, prosecutors and administrative staff. The conference also addressed the challenges faced by lawyers and parties in their dealings with justice institutions.

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In a written response, the spokesperson emphasized that the EU has consistently asked Serbia to encourage this process, while Kosovo should pave the way for the reintegration of Serbian justice employees, respecting the dialogue agreements and domestic legislation. Brussels also called on both sides to create the appropriate conditions for implementing obligations and to avoid actions that would further complicate the situation.

The mass abandonment of institutions by Serb representatives occurred at the end of November 2022, in reaction to the Kosovo government’s decision to ban the use of license plates issued by Serbia and to convert them to those of the Republic of Kosovo. During that period, in addition to police officers and municipal officials, nearly 130 judges, prosecutors, and administrative staff from the four northern municipalities—North Mitrovica, Leposavić, Zvečan, and Zubin Potok—also submitted their resignations.

The issue of unresolved resignations became topical again in mid-June, when acting President Albulena Haxhiu addressed the Judicial Council and the Prosecutorial Council of Kosovo, demanding the prompt finalization of the relevant procedures. She argued that delays in handling these cases are hindering the regular functioning of the justice system.

The Judicial Council confirmed to Radio Free Europe that it received the letter on June 19 and will review the matter in one of the upcoming sessions, acting within the competencies defined by the constitution and law. Meanwhile, the Prosecutorial Council did not provide any comment on the issue.

The initiative for the collective withdrawal of Serbs from Kosovo’s state structures came from the Serb List and was supported by officials in Belgrade. Those who resigned were provided with temporary contracts and continued to receive salaries from the Serbian budget. However, some of those who did not align with the Serb List lost both this income and the opportunity to return to their previous positions.

After a series of crises in the north, including the armed attack in Banjska against the Kosovo Police in 2023, Serbian President Aleksandar Vučić expressed support for the return of Serbs to the police ranks and to judicial bodies. The Serb List also, ahead of last year’s local elections, admitted that the abandonment of institutions had been a mistake.

On the other hand, the authorities in Pristina, led by Prime Minister Albin Kurti, have maintained that the return issue should not be treated as a political topic but as a strictly legal and constitutional process.

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At the meeting, KJC member Ahmet Imami presented the full course of the electoral process, stressing that it was carried out according to the plan and calendar approved by the Council, as well as under the monitoring of international partners and civil society.

“This has been a lengthy process across both dates on which it was held, but allow me to briefly present this chronology. As we all know, the Judicial Council approved the election dates in the country’s basic courts. Based on the plan and calendar, the Commission organized the process as follows: on 16 June, elections were held at the Basic Court in Prishtina. Of the four nominated candidates, the candidate qualified in the election vote was Judge Valentina Sopjani. On 17 June, the Commission organized elections at the Basic Court in Gjilan and in Ferizaj. In Gjilan, we did not have a successful candidate to qualify for the election vote, while in Ferizaj it was Judge Ilir Bytyqi. On 18 June, the Commission organized elections at the Basic Court in Mitrovica and in Peja. In Mitrovica, the qualified candidate was Judge Agron Maxhuni, while in Peja, the qualified candidate was Judge Besnik Shala. Then on 19 June, the Commission organized elections at the Basic Court in Prizren, where according to the result of 19 June, the successful candidate qualified for the election vote was Judge Diona Bajrami. On 22 June, the Commission received an email in which the candidate, namely Judge Besnik Shala, withdrew from the race. The Commission approved the final list of qualified candidates for 23 June, who were: Judge Agron Maxhuni from the Basic Court in Mitrovica, Vushtrri branch; Judge Diona Bajrami from the Basic Court in Prizren; Judge Ilir Bytyqi from the Basic Court in Ferizaj; and Judge Valentina Sopjani from the Basic Court in Prishtina. On 23 June, the election vote was held, where according to the result, among these four qualified candidates, the ones who received sufficient votes to be elected members of the Judicial Council were Judge Agron Maxhuni and Judge Valentina Sopjani. It is important to emphasize that both in the elections held in the basic courts and in the electoral assembly, we had monitoring from international partners and civil society. It is also worth noting that the entire election voting process was broadcast live on the Council’s website. A novelty in this process was that every counted vote was displayed on screen and all participants in the assembly had the opportunity to see how the counting proceeded. Before proposing that the Council certify the results, I wish to express my gratitude to the members of the judicial commission, Judge Afërdita Bytyqi and Judge Fahret Velija, as well as the support staff, who never spared any effort to contribute to ensuring that the process was conducted in the best possible way. Therefore, based on the explanation I have given, I propose that the Judicial Council certify the results, in which the elected candidates, respectively the new members elected from this electoral process, are Judge Agron Maxhuni and Judge Valentina Sopjani,” he said.

Following this presentation, the KJC approved the certification of the results and formally confirmed the election of Judge Agron Maxhuni and Judge Valentina Sopjani as the newest members of the Council from the ranks of judges.

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