KJC refuses to reinstate Serbian judges who resigned

The Kosovo Judicial Council (KJC) has rejected requests to withdraw the resignations and reinstate Serbian judges and administrative staff in northern Kosovo, who had resigned in 2022, reports Ekonomia Online.

The decision was made with 9 votes in favor, 1 against and 1 abstention. During the discussion, the members of the KJC expressed different positions regarding the possibility of their return to the judicial system. The names of the Serbian judges who resigned in 2022 will be submitted to the acting president Albulena Haxhiu for dismissal. 

KJC member Artan Abazi has opposed the reinstatement of judges and administrative staff, emphasizing that their resignations in 2022 were irrevocable and that over the past four years there have been changes in laws and practices.

"Considering that in 2022, these judges voluntarily resigned irrevocably, this is something to keep in mind. Considering this situation, I consider that the judges and the administrative staff, considering that they have not been in office for 4 years, have also lost the professional ability to exercise the position of judge and administrative positions. I consider that they are absolutely not capable of exercising the position because the law, practices, in the professional aspect first of all, have changed. I consider that some are also involved in political activities, those who are involved in political activities have no place in the Kosovo judicial system. We do not know that any of them may have committed a criminal offense. I propose that the request for the revocation of the resignation not be approved," he said.

On the other hand, KJC member Ivana Milenkovic has supported their return to the system, arguing that by accepting the withdrawal of their resignations, the constitutional guarantee to citizens would be fulfilled.

"By accepting the withdrawal of resignations, we are not making concessions to judges, but we are fulfilling the constitutional guarantee to citizens. The removal of judges' mandates and the management of the status of resignations are within the exclusive competence of the Kosovo Judicial Council. By rejecting requests for the withdrawal of resignations, we would create a legal and institutional vacuum, which, according to the law in force on courts, is impossible to fill quickly without violating the flow of the legal framework itself. Judges and support staff, within the framework of legal procedures, have submitted the request for the withdrawal of resignations. With this, the legal will of the holders of judicial functions to act with full capacity within Kosovo has been restored. With this step, we will enable judges to return to their duties, protect the constitutional order and restore legal certainty for citizens," she said.

Meanwhile, KJC member Bashkim Hyseni said that the solution should be to dismiss these officials from their duties and open a new competition.

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"I think the solution would be for these officials to be relieved of their duties and a competition to be opened. If we accept this after 4 years, a dangerous precedent will be created. If our partners are asking for the constitution to be violated, I think it is incorrect because they would not do it in their country. The judge's mandate does not begin with the appointment but with the oath, the resignation was not individual, but was orchestrated and collective," he said.

Another member of the KJC, Ahmet Imami, also voted against their return to the judicial system.

"I will vote against them returning to the judicial system after four years because their resignation was voluntary," he said.