Kosovo Council Rejects Return of Serb Judges, 9-1

The Kosovo Judicial Council rejected in Pristina, on August 27, the request of Serb judges and administrative staff from the north of Kosovo to withdraw the resignations they filed in 2022 and return to the judicial system. The decision passed with nine votes for rejection, one against, and one abstention, according to the Pristina outlet Koha, followed by Tanjug. Radio Kosovska Mitrovica published the news at 11:11 a.m., and B92 at 12:53 p.m., the same day.

The Council also decided to forward the names of the judges who sought reinstatement to acting head of the interim institutions Aljbuljena Hadziju, so she can move to dismiss them. The item on the Serb judges was part of the agenda of the Council’s 371st session, which had 35 items on the agenda in total.

Two Failed Sessions Before Today’s Vote

Before today’s decision, the same proposal had been on the agenda twice without being taken up, on July 24 and August 7. One of those two sessions was not even held, after three Council members walked out of the room and broke quorum, leaving the question of the Serb judges unresolved for more than a month.

Serb judges, prosecutors, police officers, and other officials left Kosovo’s institutions in late November 2022, at the height of the crisis over re-registering vehicles with Serbian license plates to Kosovo’s so-called RKS plates. Hadziju formally asked the Council on June 19 to resolve the question of the resignations of judges and support staff from the Serb community, arguing that their long absence was hampering the work of the judicial system.

Kosovo’s Prosecutorial Council had already dealt with the identical question once before, for prosecutors: on July 20 it rejected the withdrawal of their resignations, after which Hadziju signed the decrees dismissing them. According to Radio Free Europe, that case involved five prosecutors and 15 administrative workers from the Basic Prosecution Office in Mitrovica. That decision drew criticism from the European Union and the United Kingdom at the time.

Arguments For and Against Reinstatement

During the Council’s debate, members were divided. Ahmet Imami spoke out against reinstatement.

“I will vote against their return to the judicial system after four years, because their resignation was voluntary,” Imami said.

Artan Abazi took a similar position, describing the judges’ resignations as irrevocable and pointing out that both the law and judicial practice have changed since 2022:

“I believe that the judges and administrative staff, given that they have been absent for four years, have also lost the professional capacity to carry out the duties of a judge and administrative work.”

Abazi added that, in his assessment, some of them had become involved in political activity, which he said was incompatible with working in the judiciary, and he proposed that the request to withdraw the resignations not be approved.

Ivana Milenkovic took the opposite view, arguing that granting the request would fulfil a constitutional guarantee owed to citizens, not amount to a concession to the judges. “By rejecting the request to withdraw the resignations, we would create a legal and institutional vacuum,” she said, adding that reinstating the judges would protect the constitutional order and citizens’ legal security.

Baskim Hiseni proposed a third option, arguing that the judges and administrative staff should be formally dismissed and a new competition announced for their posts. Hiseni warned that granting the request after a four-year absence would set a dangerous precedent, and said the 2022 resignations were not individual acts but, in his words, orchestrated and collective.

What Comes Next

Hadziju welcomed the Council’s decision and announced she would move to dismiss the judges as soon as the Council formally submits its proposals to her. It has not yet been said when the dismissals will formally take effect, or whether the Serb side will appeal the decision.