Kosovo Judicial Council rejects Serb judges' return, plans dismissals

The Kosovo Judicial Council has rejected a request from Serb judges and judicial employees to withdraw their resignations and return to their positions. The decision, reported by Koha, was met with approval by acting President Aljbuljena Hadžiju, who stated she would proceed with their dismissal.

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I believe that they are absolutely not capable of performing their function because the law, practice, in the professional aspect above all, have changed. I believe that some are also involved in political activities. Those involved in political activities have no place in the Kosovo judicial system.

During the session, the request was denied with nine votes in favor, one against, and one abstention. Council President Rustem Tači abstained, while member Ivana Milenković voted against the rejection. Council member Artan Abazi argued that the judges and staff are no longer capable of performing their duties due to significant changes in Kosovo's laws and practices since their resignations in 2022. He also suggested some may have engaged in political activities, making them unfit for the judiciary.

Conversely, Ivana Milenković supported the judges' return, asserting that accepting their withdrawal of resignations would fulfill constitutional guarantees for citizens. She emphasized that the Judicial Council holds exclusive authority over judges' mandates and the status of their resignations, warning that rejecting the request could create a legal and institutional vacuum difficult to fill without disrupting the legal framework.

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I believe that by accepting the withdrawal of their resignations, the constitutional guarantee for citizens would be fulfilled. The removal of judges' mandates and the management of the status of resignations are exclusively within the jurisdiction of the Kosovo Judicial Council. By rejecting the request to withdraw resignations, we would create a legal and institutional vacuum, which, according to the current law on courts, is impossible to fill quickly without disrupting the course of the legal framework itself.

This decision follows a similar rejection by the Prosecutorial Council of Kosovo on July 20, which denied the withdrawal of resignations for five Serb prosecutors and 15 support staff. Subsequently, Aljbuljena Hadžiju signed decrees dismissing seven Serb prosecutors who had resigned in 2022.

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I welcome the proposal of the Kosovo Judicial Council to dismiss the Serb judges who resigned in 2022, and in accordance with constitutional and legal responsibilities, as soon as the Kosovo Judicial Council sends the proposals, I will take measures for their dismissal.