Gogic: Everything related to the status of Serbian prosecutors and judges in Kosovo has a political dimension

Political scientist Ognjen Gogic, commenting on Acting President of Kosovo Albulena Haxhiu's request for the Kosovo Prosecutorial Council and the Kosovo Judicial Council to urgently conclude the proceedings regarding the resignations of Serbian judges and prosecutors, said that Kosovo's executive branch should not interfere in the work of these two bodies.

Gogic believes that such interference could potentially undermine the independence of the judiciary.

"However, the question remains why those resignations have still not been formally acknowledged, even though a great deal of time has passed. This has been interpreted as meaning that, from the outset, the Prosecutorial Council and the Judicial Council wanted to leave room for a possible political agreement on the return of Serbian prosecutors and judges to their positions. It was believed that those resignations had not been submitted voluntarily, but under pressure, which is why they have not yet been formally acknowledged. In that way, they sought to leave open the possibility for them to return to their posts," Gogic said.

Gogic noted that the issue has now resurfaced because, as he says, discussions are taking place behind closed doors under European Union mediation on the reintegration of judges and prosecutors.

"So there is intensive activity taking place behind closed doors that is not known to the wider public. Haxhiu probably wanted to preempt that. Since she is aware that discussions are being held on the return of prosecutors and judges, she called on the two councils to formally acknowledge the resignations as soon as possible in order to prevent an agreement on their possible return. But that is not her role. She could do what she has already done, but in the end, those two bodies are the ones that decide. The key is for the ongoing talks to be concluded as soon as possible so that the situation can be resolved, either by returning those officials to their positions or by formally acknowledging their resignations. I assume she is aware that talks under the auspices of the European Union are being held on the return of judges and prosecutors, which is why she reacted so quickly. She probably wants to obstruct that agreement," Gogic said.

Asked whether this move also has a political dimension, he said that everything related to the status of Serbian prosecutors and judges has a political dimension.

"They resigned for political reasons in 2022. The Prosecutorial Council and the Judicial Council did not formally acknowledge their resignations precisely for political reasons, in order to leave room for them to return to their positions. Ultimately, the current discussions on whether they will return or not are also political in nature. This is part of the dialogue. Therefore, Haxhiu's call to formally acknowledge their resignations and prevent their return also has a political dimension. In other words, she probably does not want to be part of that agreement on the return of judges and prosecutors, but this is not a matter for the executive branch. It is up to the Prosecutorial Council and the Judicial Council to decide," Gogic stressed.

If the Judicial Council and the Prosecutorial Council ultimately acknowledge the resignations of the Serbian prosecutors and judges, it would not have immediate consequences for the Serbian community because those prosecutors and judges have not been serving in their positions, Gogic said.

"The Serbian community has gained nothing from the fact that they have effectively been out of office for the past three and a half years. What would have a positive effect is their return to their positions. Their return to the prosecutor's offices and courts would be beneficial, and no one is preventing them from doing so. The judges and prosecutors can approach the councils and withdraw their resignations. The question is why they are not doing that. That is what would have a positive effect for the Serbian community. Simply acknowledging the resignations would have no effect because they have already been absent from those positions for three and a half years. As for the dialogue, it would be a blow to the process. If the resignations were formally acknowledged, it would mean that one side had succeeded in obstructing the dialogue, or rather the agreements being negotiated behind closed doors on the return of judges and prosecutors. That would be a major setback for the European Union's efforts to normalize the judiciary in that respect," Gogic concluded.