Nearly four years after dozens of Serbian judges, prosecutors and court staff resigned from Kosovo’s justice institutions in the north, the authorities are preparing to launch a new recruitment process to fill the long-vacant positions.
The Kosovo Prosecutorial Council (KPC) confirmed that it is preparing a public competition to recruit prosecutors from the Serbian community after Acting President Albulena Haxhiu formally relieved seven Serbian prosecutors of their duties. The prosecutors had resigned in 2022 as part of the collective withdrawal of Kosovo Serbs from state institutions.
The upcoming recruitment process will be open to all candidates who meet the legal requirements, including former prosecutors whose requests to withdraw their resignations were recently rejected.
The decision marks a turning point in an issue that had remained unresolved for almost four years, but it has also drawn criticism from the European Union and raised questions among legal experts over its timing and its potential impact on the reintegration of Serbian legal professionals into Kosovo’s justice system.
EU Questions Timing of the Decision
On July 21, Acting President Albulena Haxhiu signed the decrees formally dismissing the seven prosecutors, one day after the Kosovo Prosecutorial Council rejected requests from five Serbian prosecutors and 15 administrative employees of the Basic Prosecution Office in Mitrovica to revoke their resignations.
The prosecutors and judges resigned collectively in late 2022 after the Serbian List, the largest Kosovo Serb political party backed by Belgrade, called on Serbs to leave Kosovo institutions in protest against the government’s vehicle license plate policy.
The European Union stated that the decision “does not appear to be in line with the law,” noting that the prosecutors had previously expressed their willingness to return to their positions. Brussels urged Kosovo institutions to avoid measures that could hinder the reintegration of Serbian judicial personnel.
The U.S. Embassy in Prishtina reiterated that Kosovo’s Constitution guarantees the representation of the Serbian community in public institutions and said it expects equal opportunities for members of the community.
Former Prosecutors Eligible to Reapply
KPC spokesperson Bedri Gashi said the recruitment process will be conducted in accordance with Kosovo’s legislation and that former prosecutors are eligible to compete for the positions.
“The recruitment process will be carried out through procedures established under the applicable legislation and in accordance with the relevant legal criteria,” Gashi said.
The Council has not announced when the competition will officially open.
Judges’ Requests Still Pending
Unlike the Prosecutorial Council, the Kosovo Judicial Council (KJC) has not yet ruled on requests submitted by Serbian judges seeking to withdraw their resignations.
The KJC said the applications are still under review and that the public will be informed once a decision has been reached.
Legal Experts Divided Over Timing
Vullnet Bugaqku of the Kosovo Democratic Institute argued that Acting President Haxhiu acted within the law by formalizing the dismissal of the prosecutors, as she merely implemented the Prosecutorial Council’s decision.
However, he questioned the timing of the move.
“From the perspective of legitimacy, whether this decision was taken at the appropriate moment remains highly debatable, considering it comes nearly four years later,” Bugaqku said.
He attributed the delay to both political developments and previous operational difficulties within the Prosecutorial Council.
Meanwhile, Miodrag Milicević of the NGO Aktiv in North Mitrovica argued that rejecting the prosecutors’ requests to return could deepen distrust among Kosovo Serbs.
“This is a political decision that will undoubtedly increase both instability and the already high level of mistrust that Serbs have toward Kosovo’s central institutions,” Milicević said.
At the same time, he acknowledged that the collective resignation itself in 2022 was also a political decision encouraged by the Serbian List.
Recruitment May Be Legally Straightforward, But Politically Challenging
The integration of Serbian judges and prosecutors into Kosovo’s justice system stems from both Kosovo’s Constitution and the 2013 Brussels Agreement, followed by the 2015 Justice Agreement, which established the framework for integrating Serbian judicial personnel into Kosovo institutions.
That process culminated in 2017, when dozens of Serbian judges, prosecutors and administrative staff formally joined Kosovo’s justice system. Their collective resignation in 2022 effectively halted one of the most significant achievements of the EU-facilitated dialogue between Kosovo and Serbia.
Legal experts say reopening the recruitment process is the legally prescribed solution, but attracting qualified Serbian candidates may prove far more difficult.
Bugaqku stressed that there are no legal obstacles preventing former prosecutors from reapplying, provided they undergo the required integrity checks, examinations and interviews.
Milicević, however, remains skeptical that many of those who resigned will return through the new competition.
If former prosecutors choose not to apply, Kosovo’s institutions will face the challenge of recruiting new Serbian legal professionals while preserving the multiethnic character of the justice system and rebuilding trust within the Serbian community.
