Kosovo's institutional leaders have rejected criticism from the European Union and international partners over their handling of the resignations of Serbian judges and prosecutors. Acting President Albulena Haxhiu and acting Prime Minister Albin Kurti have insisted that their reinstatement is not permitted by law, and have described the resignations as a political act instigated by Serbia. Haxhiu said he has information that they are still being paid by the Serbian state.
The highest state representatives have countered criticism from internationals, who have expressed concern about the dismissal of Serbian prosecutors who submitted their resignations about 4 years ago, and have also expressed concern about "political pressure" on the Judicial Council (KJK) to do the same with the resigned judges.
Before the KJC meeting, which also had on its agenda the request of the acting president, Albulena Haxhiu, to address the resignations that had been in the drawer for years, failed, she once again called on this institution to act in accordance with the current practices regarding the dismissal of judges who have resigned.
Haxhiu, in a press conference, said that former judges and prosecutors from the Serbian community cannot return to work because the law does not allow them, while emphasizing that throughout their mandates they have received directives from Serbia.
She emphasized that no democratic state would accept a situation where judges and prosecutors are "directed" by another state.
Haxhiu reacted to partner states that have requested the return of former Serbian judges and prosecutors, telling them that no one would decide on something that is contrary to the law.
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Haxhiu – to internationals: Who among you would allow judges and prosecutors who are directed by another country?
"Which of our international partners who today put pressure on the councils, which of them would allow their countries to have judges and prosecutors who are directed by another country? Which of our international partners who always call on us for the rule of law and the independence of the justice system, would ask judges and prosecutors who are members of the councils to decide something that is contrary to the legislation," she said.
Haxhiu reiterated that former Serbian judges and prosecutors have resigned after pressure from Serbia and its President Aleksandar Vučić.
As she pointed out, these actors have been paid by Serbia since 2017.
"According to the data I have, former Serbian judges and prosecutors and staff have benefited and continue to benefit from Serbia. The vast majority of them have received and continue to receive financial means in various forms from Serbia since 2017 until now. Even during the time they were prosecutors and judges, they were paid by Serbia," said Haxhiu. "The loyalty they have shown to Serbia has also been rewarded with financial means at a time when they were expected to exercise their mandate for the benefit of the citizens in the interest of the Republic of Kosovo."
Haxhiu stated that there is evidence that some of the former judges and prosecutors have carried out other illegal activities in the service of illegal Serbian structures in the north, contradicting the legal and constitutional order of Kosovo.
"There are many cases where former judges and prosecutors have participated in meetings in Serbia and Kosovo where plans were discussed and actions were taken, including blocking roads to oppose Kosovo institutions. Due to interference from Serbia, in many cases the administration of justice has failed in the past in the north. There are well-founded suspicions that those actions were deliberate and structured by circles connected to crime and power in Serbia," Haxhiu said.
She made the statements before the KJC meeting, which had Hajji's request to review the resignations on the agenda, failed.
"I hope that the KJC today acts in accordance with the legislation in force and the obligations they have. After their requests for dismissal, I will immediately sign the decrees for the termination of their mandate. I do not want to think of another situation that would truly be unprecedented, very serious and very dangerous," Haxhiu declared.
Haxhiu stated that further steps were also discussed if the KJC issues a decision to reinstate former judges.
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"We cannot allow the violation of the Constitution and laws of Kosovo. The majority of those there are judges and we expect them to implement the laws. What the actions will be, we will talk after something like this happens, but I hope it doesn't happen," she said.
The acting Prime Minister, Albin Kurti, has also spoken out against the return of Serbian judges.
At the government meeting, he said that the organized and politically motivated abandonment of Kosovo's institutions by members of the Serbian community, at the end of 2022, was the starting point of a series of sabotaging actions against the state.
"Since then, we have said and called on all Serbs in institutions: Do not abandon them, do not resign, do not go. But, we have not told you and we do not have the right to tell you, return. We had the political right to tell you, do not go. But, we do not have the constitutional and legal right to tell you, return," Kurti said. "Their departure was a political, individual act, although organized, but return is a legal and constitutional matter. There can be no return that overrides the constitution and the law, especially when the abandonment was an act of sabotage of legality and constitutionality."
He recalled that in this line, according to constitutionality and legality, these resignations were handled some time ago by the Kosovo Police and a few days ago by the Prosecutorial Council.
"Meanwhile, today, while we were waiting for the Kosovo Judicial Council to act in the same way, we realized that the meeting failed due to lack of quorum. We expect that this issue will also have a similar epilogue in the next meeting," Kurti emphasized.
Internationals have insisted that the resigned Serbian prosecutors and judges can return now that they have filed notices of withdrawal of their resignations.
On July 21, through a statement from its spokesperson in Brussels, the EU expressed “concern” over the Prosecutorial Council’s decision to accept the resignations of Serbian personnel. The EU also expressed concern over the decreeing of the decision by Haxhiu.
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KJC asks Haxhiu to dismiss the resigned Serbian judges
“According to its Constitution, Kosovo is a multi-ethnic society governed by the rule of law and its judicial system should reflect Kosovo’s ethnic diversity. The EU has consistently called on Kosovo to facilitate the reintegration of Kosovo Serb judicial personnel in accordance with Kosovo laws and the agreements from the dialogue,” the statement said. “The EU welcomes the withdrawal of the resignations submitted on 15 July 2026 by Kosovo Serb judges, prosecutors and support staff. The EU is concerned by yesterday’s decision of the Kosovo Judicial Council (KJC) to accept the resignations that had already been withdrawn and by today’s decision of the acting president to decree these resignations. This appears to be inconsistent with the law, due process and the requirements of the rule of law in Kosovo.”
On Thursday, the office called on political parties to “refrain from putting pressure” on the Judicial Council regarding its decision-making on requests to withdraw resignations of Serbian judges. The EU’s reaction came after posts by several ruling party MPs regarding the KJC.
