The Prosecutorial Council and the Judicial Council have yet to formally approve the resignations of Serbian judges and prosecutors submitted in November 2022. The Kosovo Prosecutorial Council (KPC) stated that these resignations have not yet been processed through formal procedures, while the Kosovo Judicial Council (KJC) has not provided any response regarding the non-approval of the resignations. The Kosovo Institute of Justice (IKD) justifies this delay by the need for a thorough assessment before any possible reinstatement.
This week marks three years since dozens of Serbian judges and prosecutors resigned—simultaneously with police officers and municipal leaders in the north of Kosovo.
However, the resignations of these judges and prosecutors have not been reviewed by either the KPC or the KJC.
In a written response, the KPC stated that while the resignations have not been formally addressed, no official requests for reinstatement have been submitted by any of the resigned prosecutors.
“The resignations have not yet been processed through formal procedures by the KPC. Meanwhile, in line with legal and administrative competencies, their monthly payments have been suspended. Of the total number of resignations, three (3) prosecutors and six (6) administrative staff members have reached the legal age of retirement, in accordance with applicable legislation. Up to this stage, the KPC has not received any formal request for reinstatement from any prosecutor or administrative staff member from the Serb community who submitted resignations, whether collectively or individually,” the KPC wrote.
The Council further explained that measures have been taken to ensure the continued functionality of the Basic Prosecution Office in Mitrovica following the resignations:
“The KPC has undertaken concrete and sustainable actions, including: the temporary transfer of prosecutors from other basic prosecution offices across the Republic of Kosovo to cover the urgent needs of the Basic Prosecution in Mitrovica; the initiation and development of procedures for the permanent transfer of prosecutors to the General Department of this prosecution, in accordance with sublegal acts and KPC decisions; and the redistribution of certain criminal and civil cases to other competent prosecution offices across the country, to ensure their continued and efficient processing.”
The KJC has also not addressed these resignations and did not respond to Koha’s inquiries.
Meanwhile, the Basic Court in Mitrovica stated that the resignations affected court operations only during the initial months following their submission.
“The resignations affected the functioning of the court during the first 2–3 months, but not afterward, as the Court was reorganized and stabilized. Since the first day of the Serb staff resignations, the Basic Court in Mitrovica has enjoyed full support from the Kosovo Judicial Council, both in terms of human resources and logistics. This continuous support has allowed the work process to continue normally, serving the public interest and the citizens of the region,” the court said.
Flamur Kabashi, a researcher at the Kosovo Institute of Justice (IKD), justified the lack of a final decision by the KJC and KPC, emphasizing the need for a careful and in-depth assessment before any possible reinstatement of Serbian judges and prosecutors.
“Any evaluation of their return to justice institutions must be based on a thorough and clear analysis, to ensure that justice in the Republic of Kosovo is not harmed, that the interests of the Serb community are not neglected, but at the same time, that this does not create space for Belgrade’s daily political agenda to manipulate such situations. Otherwise, it could set a precedent where resignations are used as a political tool, knowing they can later be reinstated,” Kabashi said.
In November 2022, following the Kosovo Government’s decision to ban illegal Serbian license plates, the regional police commander in Mitrovica refused to implement the decision and was subsequently dismissed. Afterward, Serbian judges and prosecutors submitted their resignations, joining other Serb officials in northern municipalities who also abandoned their posts. Members of the Kosovo Police likewise removed their uniforms.
The heads of all four northern municipalities and members of local administrations also resigned from their positions.
While other authorities have stated that reinstatement in previous positions is not under consideration, the KJC and KPC remain the only institutions that continue to reserve the posts of the resigned Serbian judges and prosecutors.
