EU expresses "deep regret" over KJC decision on Serbian judges

The European Union expressed "deep regret" over the decision of the Kosovo Judicial Council to refuse to withdraw the resignations of Serbian judges and staff.

The KJC then asked the acting president of Kosovo, Albulena Haxhiu, to relieve them of their duties.

A spokesperson for the European bloc recalled that a similar decision was made in July by the Kosovo Prosecutorial Council, and then the dismissal of Serbian prosecutors - who had resigned years ago - was decreed by Haxhiu.

"These decisions appear to be inconsistent with the laws of Kosovo, due process, and general requirements for the rule of law in Kosovo," the spokesperson said in a statement.

The decisions not to accept the withdrawals of resignations of Serbian prosecutors and judges, according to the EU, also contradict "the principles of a multiethnic judiciary", thereby "damaging the trust of the Kosovo Serb community and undermining efforts for a sustainable return to Kosovo's institutions".

According to the EU, Kosovo's judicial system should reflect the country's ethnic diversity.

"The EU calls on all relevant actors to create the conditions for a multiethnic judiciary, in full compliance with Kosovo law, due process and the commitments made in the framework of the EU-facilitated dialogue," the spokesperson said.

The European bloc recalled that they had welcomed the requests of Serbian prosecutors and judges to withdraw the resignations submitted at the end of 2022.

In July, through a decree, Haxhiu dismissed seven Serbian prosecutors who had resigned at the end of 2022. Her decision came after the KPK rejected a request to withdraw their resignations.

Around 130 judges, prosecutors and administrative employees of the justice system had resigned at the end of November 2022, as part of the collective departure of Serbs from Kosovo institutions in the four Serb-majority municipalities in the north - North Mitrovica, Leposavic, Zvecan and Zubin Potok.

This action - instigated by the Serbian List, the largest Serb party in Kosovo, which enjoys the support of Belgrade - came in protest against the Kosovo Government's decision to remove vehicle license plates issued by Serbia from use and replace them with Kosovo license plates.

The EU has previously called for the issue of the reintegration of resigned Serbian judges and prosecutors to be resolved within the framework of the dialogue between the two neighboring countries, but Kosovo wants to release them from office and fill their places through new competitions for Serbian judges and prosecutors.

Kosovo authorities have insisted that the return of Serbs to Kosovo institutions cannot be a political issue, but must be treated as a legal and constitutional issue./ REL