The recent decisions of Kosovo’s authorities have ignited a heated debate with the European Union, focusing on how Brussels approaches the exercise of institutional sovereignty by Pristina. The case of the dismissal of seven prosecutors from the Serb community and the operation to demolish illegal structures in the area of Lake Ujman have become hot points of contention between the parties.

The prosecutors in question had abandoned their duties as part of an organized political movement from Belgrade, which prompted Pristina to act to preserve the functionality of the justice system. Meanwhile, the demolition of dwellings by the lake, carried out under the observation of KFOR peacekeeping forces, was followed by criticism from the international community, which expressed reservations and called for an immediate halt to the operation.

These episodes have reignited dilemmas over the delicate balance between international pressure for procedural standards and the right of domestic institutions to ensure constitutional order and territorial integrity. In an interview for “Bota sot”, analyst Enver Bytyçi offered a sharp perspective on this situation.

According to him, the refusal to reintegrate into the system the prosecutors who resigned in 2022 as a sign of protest against Kosovo’s statehood, as well as the crackdown on unauthorized constructions owned by the Ibar Waterworks, are concrete evidence of state maturity and commitment to the rule of law.

Bytyçi argues that the stances of the EU and some of the main Western embassies in Pristina are contradictory. “While they preach respect for the rule of law, they openly criticize the moment when Kosovo’s institutions take measures to implement this principle in practice,” the professor noted.

Delving deeper, Bytyçi clarified that the decision of the acting president, Ms. Albulena Haxhiu, came as a result of the prior refusal by the Prosecutorial Council to accept their return. “Regarding the operation at Lake Ujman,” he added, “the operation was carried out without problems and with the supervisory presence of KFOR, which demonstrates professionalism and coordination.”

The EU spokesperson labeled these actions as destabilizing, followed by reactions from the British, Italian, and German embassies, the latter emphasizing that some structures had unresolved judicial issues. However, for Bytyçi, these stances constitute a classic case of double standards, because, according to him, selective enforcement of the law is the shortest road to anarchy and the loss of citizens’ trust.

“The law in Kosovo applies to everyone who is its citizen, without ethnic distinction. If rigorous enforcement is demanded for some communities, while for others violation is tolerated, the state itself loses its role as arbiter. This positive discrimination encourages Serb violators to continue with actions that undermine state structures,” he warned.

Furthermore, the professor emphasized that Kosovo’s decision-making authorities are the only ones who have the right to decide on the careers of prosecutors and police officers who abandoned their duty, not foreign diplomats. “The Constitution, which was drafted by the international partners themselves and voted by the Parliament without changes, leaves no room for external interference in these matters. But when Pristina implements it, it faces demands for endless tolerance and concessions, which nearly led to the dismemberment of the country,” Bytyçi declared.

He assessed the independence shown by Albin Kurti’s government as a necessity that, although initially surprising for allies, proved right by subsequent events. “Kurti did not act according to personal whims, but in accordance with the Legal Framework,” he insisted.

Illustrating with the example of the constitution of municipalities in the north, which preceded the terrorist attack in Banjska, Bytyçi rhetorically asked what catastrophe would have happened if that area had remained a space outside state control. “History proved Kurti right, not his critics,” he summarized.

In concluding his media analysis, Bytyçi called on the European factor to abandon the double-speed approach. “Stability is not strengthened by pampering violators, but by showing determination. If the EU has better models for how a rule-of-law state functions for all citizens, let it present them to us. Otherwise, unconditional respect for the sovereignty of our institutions remains the only path to genuine democracy and freedom in Kosovar society,” he concluded the conversation.

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Recent decisions by Kosovo authorities have sparked a fierce debate over the European Union’s stance on the state’s legal sovereignty. The case of the dismissal of seven prosecutors of Serbian origin and the operation to demolish some houses near Lake Ujman have highlighted discrepancies in the assessment of Kosovo’s institutional actions.

When it comes to the Serbian prosecutors, who withdrew from their positions as part of a well-orchestrated political campaign from Belgrade, many analysts consider that the authorities in Prishtina intervened precisely to ensure the normal functioning of the judiciary. Similarly, the action to demolish illegal structures by the lake has provoked reactions from the international community, which has expressed concern and called for an immediate halt to the works.

These episodes have brought back an old dilemma: how to balance the pressures of external partners for following formal procedures and the necessity for Kosovo institutions to exercise their authority in protecting the constitutional order and institutional independence.

Professor Enver Bytyçi, in a conversation with “Bota sot”, examined these developments with a critical approach to the reactions from outside.

According to him, both the refusal to reintegrate former prosecutors who resigned for political reasons into the criminal prosecution system and the demolition of unpermitted constructions on the land of the Ibri Waterworks represent concrete progress in consolidating the rule of law and the country’s institutional sovereignty.

Bytyçi pointed out a contradiction in the stance of Brussels and some Western diplomatic missions, which on one hand insist on the respect for the rule of law, but on the other hand raise criticisms when Kosovo institutions take measures to enforce the law in their jurisdiction.

“Last week, two issues monopolized the public’s attention. The acting president, Albulena Haxhiu, refused the reinstatement of seven former prosecutors from the Serb community, who had resigned in 2022 driven by political motives, openly defying Kosovo’s statehood. Mrs. Haxhiu’s decision came after the Kosovo Prosecutorial Council had previously rejected their request to return to the system. That was the first. The second concerns the recent action to demolish unpermitted structures on the property of the Ibri Waterworks, an operation that was completed without unrest and under the observation of KFOR troops,” he stated.

“The international factor’s reaction was not late. Initially, the European Union spokesperson stated that ‘these actions fuel instability.’ Then the embassies in Prishtina lined up, that of Great Britain, Italy, and others. Meanwhile, the German embassy noted that some of the demolished buildings were under judicial review, focusing its criticism precisely there.”

Further, Bytyçi argues that both of these actions demonstrate the commitment of the executive, the police, and various bodies of Kosovo to strengthen the rule of law and sovereignty. This, according to him, should also be the objective of the European Union itself and the states whose embassies expressed concern. “We are dealing with an incomprehensible paradox: on one side, the EU and member states demand rule of law and the rule of law, while on the other side they oppose when the state of Kosovo enforces that law,” he emphasized.

In this context, the professor underlines that the law must be the same for all residents of Kosovo, regardless of ethnic origin or religious affiliation. He is of the opinion that a differential treatment of legal violations undermines the rule of law and erodes citizens’ trust in institutions.

“It is time to make it clear to Kosovo’s allies and partners that the law here does not apply only to Albanians, Bosniaks, Roma, Ashkali, Turks, Croats, and other groups. It also applies to Serbs, who are citizens of this state. When the enforcement of law is requested for some, but opposed for others – specifically for Serbs who violate it – then anarchy is created. The state loses its role as arbiter and as a tool for implementing the law, while the population loses trust in state structures. Moreover, positive discrimination towards Serbs encourages them to deepen violations, repeat them, and create chronic problems for the functioning of the state,” he elaborated.

Bytyçi asserts that the right to make decisions on enforcing the law and functioning of institutions belongs exclusively to Kosovo’s decision-making authorities, not to external factors. He emphasizes that stability is not built by tolerating violations, but by showing determination and at the same time composure in executing the law. According to him, the interferences and suggestions of international partners, even when not motivated by malice, have produced side effects that have affected Kosovo’s ability to act autonomously.

“Should the European Union really serve such a narrative by criticizing the non-return of resigned prosecutors and police officers to the relevant structures? I think not. Kosovo’s stability is not achieved by coddling lawbreakers and violators of rights in Kosovo. It is achieved by demonstrating determination and prudence in enforcing the law,” he said.

“The decision not to reinstate the resigned prosecutors and police officers to the positions they held four years ago is the prerogative of Kosovo’s decision-making authorities, specifically the Prosecutorial Council, the director of the State Police, and the country’s president. This is not at all the exclusivity of the European Union or the European embassies in Prishtina. However, these critics have no remark on the law itself and the Constitution of Kosovo. And they cannot, because they themselves drafted the Constitution. The Parliament of Kosovo simply adopted it, without the right to change the project presented by the Ahtisaari Plan.”

“But the paradox lies in the fact that, when Kosovo implements this Constitution and these laws, then they tell us: ‘Slowly, there needs to be understanding, negotiations, tolerance, compromises, concessions.’ Concession after concession, and Kosovo almost lost the richest part of its territory. Everything has limits. These limits were exceeded precisely because of the advice and recommendations of the EU and our partners,” the professor added.

“Perhaps their intervention was not driven by bad intentions. But the consequences have been harmful. At this point, Mr. Kurti’s government decided to act independently for the enforcement of the law. The European factor, and even the American one, were not accustomed to the refusal of the Kosovar leadership and the autonomous action of its institutions. They were surprised and asked: how is it possible that a prime minister named Albin Kurti acts according to his own convictions?” he recounted.

He adds that the subsequent course of developments, according to him, proved Prime Minister Albin Kurti’s approach in implementing the law and the Constitution of Kosovo right. Respect for the sovereignty of domestic institutions and uniform application of the law for all citizens are prerequisites for strengthening democracy and the rule of law. According to him, international partners should support this approach and, when they present criticisms, be ready to offer concrete models of how the principles of the rule of law are applied.

“Time proved that Kurti did not follow his personal convictions. On the contrary, he implemented the law and the Constitution of the country. He even made concessions, at least in terms of time, extending deadlines. The internationals again showed dissatisfaction with Kurti, until time proved him right,” he emphasized.

“After the constitution of the municipal mayors, for example, the terrorist act in Banjska happened. The internationals were stunned. What if those mayors and the Kosovo police had not been present in the north, what would have happened in that ‘no man’s land’?!” the professor asked.

“Practice is the proof of truth. Truth and rightness resulted on Albin Kurti’s side. Therefore, even the Europeans and the embassies must respect Kosovo’s sovereignty in law enforcement and the functioning of the rule of law,” he concluded.

“I do not believe there is another path for the freedom and democracy of Kosovar society, except for enforcing the law and applying it equally to all citizens of Kosovo, regardless of ethnic and religious affiliation. Therefore, when the EU makes remarks, it would be good to show us some new model that the EU itself applies for respecting the law and the rule of law!,” Enver Bytyçi concluded his interview for “Bota today”.

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The European Union’s criticism of the decisions of Kosovo’s institutions, such as the dismissal of seven Serbian prosecutors and the action to demolish several houses near Lake Ujman, has sparked debate over the EU’s approach towards Kosovo’s authorities and the way its institutional decisions are assessed.

In the case of the Serbian prosecutors, who left their posts as part of a politically coordinated action by Belgrade, many believe that Kosovo acted to protect the functionality of the justice system and that the international reaction should have taken into account the political circumstances that led to this situation. Similarly, the decision to demolish several houses near Lake Ujman has also prompted reactions from the international community, which expressed concern and called for the action to stop.

These developments have revived discussions about the balance between international partners’ demands for respect of procedures and the need for Kosovo’s institutions to exercise their competencies in defense of the rule of law and institutional sovereignty.

In connection with these developments, professor Enver Bytyçi spoke to “Bota sot”.

According to him, the decisions of Kosovo’s institutions not to reinstate into the prosecutorial system the former Serbian prosecutors who had resigned for political motives, as well as the action to remove illegal constructions on the property of the Ibër Waterworks, constitute steps towards strengthening the rule of law and institutional sovereignty.

Bytyçi assessed that the reactions of the European Union and some Western embassies to these cases create a contradiction, because, on one hand, respect for the rule of law is demanded, while, on the other hand, according to him, criticism is expressed when Kosovo’s institutions take actions to enforce the law in their territory.

“Two events this week drew public attention. Acting President Albulena Haxhiu refused to reinstate seven former prosecutors from the Serb community, who had resigned from their posts in 2022 for political motives, even in opposition to Kosovo’s statehood. Mrs. Haxhiu’s refusal came after the Kosovo Prosecutorial Council rejected the request of these individuals to return to the prosecution system. That was the first. The second relates to the action of the last two days to demolish illegal constructions on the property of the Ibër Waterworks, an action that was completed successfully and without incident, even under the supervision of KFOR forces. The international factor reacted to both cases. First, the European Union spokesperson, who stated that “these actions incite instability.” Then, the embassies in Pristina reacted, that of Great Britain, the Italian embassy, etc. Meanwhile, the German embassy emphasized that some of these demolished structures were in a judicial process, thereby localizing the observation regarding this action. Both of these acts, in fact, testify to the contribution of the government, police, and Kosovo’s institutions to strengthening the rule of law and state sovereignty of Kosovo. This should also be the goal of the European Union and the countries whose embassies reacted in these cases. Because there is a meaningless contradiction: on one hand, the European Union and its member states demand a state of law and the rule of law, while on the other hand, they make remarks about why the state of Kosovo is enforcing the law,” he declared.

On this point, the professor emphasizes that law enforcement must be equal for all citizens of Kosovo, regardless of ethnicity or affiliation. He assesses that unequal treatment of legal violations weakens the rule of law and harms citizens’ trust in institutions.

“It should be made clear once and for all to Kosovo’s allies and partners that the law in this country is not only for Albanians, Bosniaks, Roma, Ashkali, Turks, Croats, etc. The law is also applied to Serbs, who are citizens of this country. If law enforcement and the functioning of the rule of law are demanded for some, while opposed for others, in this case for Serb lawbreakers, then anarchy ensues. The state loses its meaning as an arbiter and instrument of law enforcement, while Kosovar society loses trust in institutions. Moreover, positive discrimination towards Serbs encourages them to deepen law violations, repeat such violations, and permanently create problems in the functioning of the state.”

Furthermore, Bytyçi assesses that decisions on law enforcement and the functioning of Kosovo’s institutions belong to the country’s decision-making authorities and not to external factors.

He emphasizes that stability cannot be built through tolerating law violations, but through firm and equal enforcement of the law. According to him, interventions and recommendations from international partners, even if not ill-intentioned, have brought consequences that have affected how Kosovo exercises its independent decisions.

“Should the European Union serve this narrative by reacting with criticism over the non-return of resigned prosecutors and police officers to their respective structures? I believe not. Kosovo’s stability is not achieved by coddling those who violate the law and rights in Kosovo. Stability is realized by demonstrating determination and, at the same time, prudence in law enforcement. The non-reinstatement of the resigned prosecutors and police officers to the positions they held four years ago is the exclusive right of Kosovo’s decision-making authorities, namely the Prosecutorial Council, the director of the State Police, and the country’s president. It is not the prerogative of the European Union or the European embassies in Pristina. But these observers have no complaint about Kosovo’s law and Constitution. And they cannot have complaints, because they themselves formulated the Constitution. The Parliament of Kosovo simply voted for it, without the right to amend the draft presented by the Ahtisaari Plan. But the paradox is that, when Kosovo enforces this Constitution and these laws, they say: “Slowly, slowly, understanding is needed, discussions are needed, tolerance is needed, compromises are needed, concessions are needed.” Concession after concession, Kosovo nearly lost the richest part of its territory. Everything has limits. The limits were exceeded because of the advice and recommendations of the EU and our partners. Perhaps their intervention did not have bad intentions. But it did have bad and harmful consequences. Then, Mr. Kurti’s government decided to act independently in law enforcement. The European factor, and even the Americans, were not used to the refusal of Kosovo’s leadership and the independent action of its institutions. They were surprised. They said: how is it possible that a prime minister named Albin Kurti acts according to his own conviction?!,” the professor elaborated.

Among other things, he highlights that subsequent developments, according to him, proved the correctness of Prime Minister Albin Kurti’s approach to enforcing the law and the Constitution of Kosovo.

He expressed that respect for the sovereignty of local institutions and equal law enforcement for all citizens are essential for strengthening democracy and the rule of law. According to him, international partners should support this approach and, when offering criticism, also provide concrete models of implementing the principles of the rule of law.

“Time proved that Kurti did not act according to his personal conviction. On the contrary, he enforced the law and the country’s Constitution. He even made concessions, at least in terms of time, and extended the deadlines for law enforcement. The internationals were again dissatisfied with Kurti, until time proved him right. After the constitution of the municipal mayors, for example, the terrorist act in Banjska occurred. The internationals were surprised. What if those mayors and the Kosovo police in the north had not been in office, what would have happened to this “no man’s land”? Practice is the proof of truth. The truth and justice were proven on Albin Kurti’s side. Therefore, the Europeans and the embassies should also respect Kosovo’s sovereignty in law enforcement and the functioning of the rule of law. I do not believe there is any other path for the freedom and democracy of Kosovar society, except law enforcement and its equal application for all citizens of Kosovo, regardless of ethnic and religious affiliation. Therefore, when the EU makes remarks, it would be good to show us some new model that the EU itself implements for law enforcement and the rule of law!,” concluded Enver Bytyçi for “Bota sot”.

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According to him, during these two decades, the commitment has been focused on guaranteeing legality, as well as handling thousands of complaints submitted by citizens.

“Today we mark two decades with a clear goal: the rule of law. We have been engaged with thousands of complaints from citizens. The KPI today enjoys the trust of citizens. We have proven that no one stands above the law,” Hoda said.

He further stressed that interinstitutional cooperation has played a decisive role in the successes of the Kosovo Police Inspectorate, expressing thanks to the Prosecution, the Kosovo Police, the AKI, the Ministry of Internal Affairs, the Government, as well as the U.S. Embassy for the support provided.

Hoda also stated that the institution’s membership in international mechanisms constitutes proof of trust in the KPI, while describing this as an indicator of the institution’s consolidation and the growth of its credibility over the years.

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This scheme is known as “transitional pay” and guarantees former MPs a monthly payment for up to 12 months after the end of their mandate, even in cases when they are not re-elected and no longer hold any parliamentary function.

A scheme that costs the budget millions

From the last legislature, which was constituted on February 11 and dissolved on April 28, a former MP can cost the state budget approximately 23,000 euros over the course of a year, without carrying out any duty in the Assembly.

Meanwhile, the legislative institution remains non-functional, as a new constitution is awaited on the basis of the results from the snap parliamentary elections of June 7, which have still not been certified.

Data obtained from the Assembly of Kosovo show that out of a total of 120 MPs, 80 of them applied in May for the transitional pay of 1,914 euros.

This amount comes to around 153,000 euros a month from the state budget, or approximately two million euros a year.

Backed by law, but ethically debatable

Transitional pay is provided for by law, regardless of how long an MP’s mandate lasted or the fact that they no longer exercise the function.

The Law on the Rights and Responsibilities of the MP stipulates that former MPs may receive this compensation until they secure income from another source or a pension, but for no longer than 12 months.

Organizations that monitor the work of the Assembly assess that the last legislature, the tenth in a row, was ineffective.

According to the Kosovo Law Institute (IKD), from February to April, the Assembly held 24 sessions, mainly extraordinary ones, with rapid decision-making and no substantial debate.

IKD legal researcher Melos Kolshi says that although this payment is legal, it highlights a clear gap between the law and public ethics.

According to him, the main concern is related to the almost automatic implementation of this right, at a time when citizens are facing unemployment, a rising cost of living, and low wages.

He underlines that the issue does not have only a legal dimension, but also a moral one, stressing that each former MP should assess for themselves whether they truly need this compensation.

“If a former MP has the possibility of immediately returning to their profession or has other sources of income, then receiving transitional pay simply because the law allows it is difficult to justify from an ethical point of view,” Kolshi told Radio Free Europe.

“Unreasonable in an economy with challenges”

From an economic standpoint, this scheme is being viewed with even more criticism.

Former Governor of the Central Bank of Kosovo, Fehmi Mehmeti, calls this payment unjustifiable in the country’s current economic circumstances.

He says that, although the aim is to help former MPs transition, a cost of around two million euros a year is difficult to justify in an economy facing inflation and unemployment.

“Two million euros could be directed toward education, healthcare, support for young people, student scholarships or employment programs,” Mehmeti told Radio Free Europe.

According to the International Monetary Fund, economic activity in Kosovo has slowed, while inflation has risen over the past year.

Data from the Kosovo Agency of Statistics show that inflation in May reached 6.8 percent, mainly as a result of rising food prices.

In the first quarter of this year, the economy recorded growth of 5.4 percent, but experts assess that single-digit growth is not enough to significantly improve citizens’ well-being.

Unemployment remains at 10.9 percent, while the average monthly salary is 713 euros.

Calls to change the legal basis

Both Mehmeti and Kolshi believe that the legal basis should be reviewed, but that this right should not be removed entirely.

According to Kolshi, the core of the problem is not the existence of transitional pay, but the way it has been structured.

He proposes that the 12-month period be reconsidered, especially when parliamentary mandates, in practice, can last much less.

According to him, a more flexible model would be fairer and more proportional to the actual duration of the mandate.

“A fixed period of 12 months may not always be justified, so a shorter period or a gradual model that reduces compensation over time could be considered, depending on how long the legislature lasted,” Kolshi said.

Mehmeti suggests that transitional pay be limited to 3 to 6 months, or tied more closely to the length of parliamentary service.

“This would increase accountability and transparency in the use of taxpayers’ money… because in recent years election cycles have become more frequent, and consequently so have the payments,” he stressed.

A political scene with frequent elections

In just a year and a half, Kosovo has held three sets of parliamentary elections, an indicator of political instability that also directly affects the financial burden on the state.

After the June 7 elections, the Central Election Commission is expected to announce the final results by the end of the month, after which the new Assembly is also expected to be constituted.

Preliminary results show that the Vetëvendosje Movement has won 53 seats, the Democratic Party of Kosovo 22, the Democratic League of Kosovo 18, and the Alliance for the Future of Kosovo 7.

Twenty seats are reserved for minority communities, 10 of them for Serbs and 10 for other communities.

From the last legislature, 36 MPs have remained outside the Assembly, but the final number of beneficiaries of transitional pay will be known only after the formation of the Government, as some MPs are expected to be appointed ministers and vacate their mandates. / RFE

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