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.

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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.

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At its meeting held on July 20, the Kosovo Prosecutorial Council (KPC) rejected a request by five Serb prosecutors and 15 administrative employees of the Basic Prosecution Office in Mitrovica to withdraw their resignations. They had left their posts in November 2022, during the collective withdrawal of Serbs from Kosovo’s institutions.

At the time, around 130 judges, prosecutors and administrative employees also left the justice system. Members of the Kosovo Police and local government officials in the four Serb-majority municipalities in the north—North Mitrovica, Leposaviq, Zveçan and Zubin Potok—also submitted their resignations.

The withdrawal from the institutions followed a call by the Serbian List, the main political party representing Serbs in Kosovo, which is backed by Belgrade. The move came in opposition to the Kosovo Government’s decision to replace vehicle license plates issued by Serbia with official Republic of Kosovo plates.

Legal expert Blerim Burjani says the former employees’ requests to return should undergo an objective review. According to him, the process should examine the motives that led to their departure, as well as the possibility that they may have been under pressure from criminal structures.

Burjani believes that reinstatement cannot take place automatically. He considers that the procedure should be conducted in accordance with the law through a public competition that guarantees equal opportunities for all candidates and requires them to pledge to perform their duties free from political influence.

He called for an impartial and realistic assessment of the intentions, causes, incentives or pressure that may have influenced their departure, including possible pressure from the criminal structures of Radoiçiq and Vuçiq. According to Burjani, the facts and circumstances must be weighed carefully, while any request for reinstatement must be based on the legislation in force.

In comments to “Bota sot,” Burjani said that a competition should be announced and that all individuals worthy of performing the duty independently of politics should apply. He added that, as part of the application, candidates should sign a sworn declaration pledging to act independently of politics and political emotions.

According to him, everyone has the right to apply in a public competition, but the former employees cannot seek to return as though nothing had happened, namely without providing reasons and motives for automatic reinstatement.

Meanwhile, today, Kosovo’s acting president, Albulena Haxhiu, announced that she had signed decrees dismissing seven prosecutors from the Serb community, following the decision of the Kosovo Prosecutorial Council.

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In his complaint submitted to the KPC, Dema had claimed that during the process there had been violations of legal provisions, both procedurally and materially, and had also raised concerns about a discrepancy between the scoring and the reasoning provided by the evaluation panel.

He had requested that the complaint be accepted as grounded and that his evaluation be returned to the evaluation panel for reconsideration, arguing that the assessment of the interview and the concept document had not been supported by concrete facts and sufficient reasoning.

During the review of the complaint, KPC deputy chair Dardan Vuniqi stated that Dema’s claim of a lack of reasoning does not stand. According to him, the candidate had not presented evidence to support the claims raised, and the complaint did not clarify which element of the evaluation should be changed.

Vuniqi: The right Dema has sought has already been realized

“I asked for additional documents in the complaint, but I was unable to find the interest of the candidate in question, what exactly he had asked to be changed, since he has already obtained the right he requested. I think the discretion was in line with the regulation. A complaint from a candidate must be supported by evidence. We accepted the complaint ourselves, I listened to the interviews, but we cannot go further if we do not have a legal interest in what needs to be changed, because the matter being challenged, that right has been obtained. I stand by my argument that the same complaint should be rejected,” he said.

Vuniqi also stressed that Dema’s complaint does not present any procedural or material violation, but only disagreement with the points received.

In the discussion, KPC member Milot Krasniqi said that the Council should review the complaint only by relying on the criteria and pillars defined in the evaluation process.

Krasniqi: Candidates cannot be required to submit documents supporting their claims

“As regards the burden of proof, I believe a wrong interpretation is being made, because the candidate, not only this one but also the others, have no way to secure evidence to support them. I consider that with regard to the burden of proof, candidates cannot be required to submit documents supporting their claims. We should rely on three pillars: the evaluation carried out by the panel, which we do not have before us today, the interview, where we can best assess the candidates, and the third is the objection. On these bases, we can arrive at a clearer assessment,” he said.

Meanwhile, Acting Chief State Prosecutor Agron Qalaj said that for him it is important to understand to what extent the KPC has had the opportunity to exercise effective control over the assessment made by the evaluation panel.

At the same meeting, with six votes in favor, authorization was also approved for the director of the KPC Secretariat, Sami Istrefi, to represent the Council before the Constitutional Court, as well as for the submission of comments regarding the notification of the Constitutional Court of the Republic of Kosovo.

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