Is There Legal Basis for Return of Serbs to Kosovo Institutions

However, there is the possibility that they will face disciplinary measures because of their actions -- that is, because of the decision to leave institutions for political reasons -- they say from the Kosovo Institute for Justice.

Early in November, more than 550 police left their posts in northern Kosovo municipalities in a sign of opposition to the Kosovo Government's decision to reregister vehicles from Serbian license plates to Kosovo's.

Some 130 judges, prosecutors and administrative personnel from the judicial system in the northern municipalities have done the same, where Serb majority Mitrovica North Mitrovica, Leposaviqi, Zvecani and Zubin Potok live in.

Along with political representatives from the ranks of the Serbian List, they filed two calls for return to Kosovo institutions: suspending the decision on reregistering cars at RKS (Republika Kosovo) plates and forming the Association of Serb majority municipalities.

Kurti: Serbians' return to institutions cannot be political

Kosovo and Serbia have reached agreement on the license plates on November 23rd, under which official Pristina has vowed to interrupt further activities concerning the reregisterment of cars and Belgrade no longer issue new license plates to Kosovo cities.

Serbia's President Aleksandar Vuciq confirmed on November 24th that Serbs from the north of Kosovo will return to Kosovo institutions when the second condition is met, that is, to form association.

This association is agreed on within the dialogue between Kosovo and Serbia, but is unacceptable to the Government of Kosovo, because it views it as a monoethnic body.

Meanwhile, Kosovo Prime Minister Albin Kurti has declared on November 24th that the return of Serbs to institutions cannot be political and that it is legal and constitutional issues.

He has stressed that he has called on all Serbs not to leave Kosovo institutions, but that he has not called on them to return now.

I have no right to tell you back. Their going is an individual act, their return is legal, constitutional, institutional matter”, Kurti said.

Returning Justice Workers

Ehat Miftaraj from the Kosovo Institute for Justice explains that the procedure for removing workers from the judicial system has not yet been completed and that they may return to their positions, but stresses they may also face disciplinary measures, including firing off.

Under the law, the resignations of judges and prosecutors must be approved by the Kosovo Judiciary and Prosecutorial Council, while the decision on dismissal is sent to headship, which must decree within 30 days.

Miftaraj stresses that this procedure has not yet been completed and that Serbian judges and prosecutors are still considered part of Kosovo's judicial system.

Kosovo's Judiciary Council and the Kosovo Prosecutorial Council have the right to reject acts of their resignations, and the same continue working in Kosovo's judiciary, but that does not prevent mechanisms of the judicial and prosecutorial system from launching disciplinary procedures against them for disciplinary violations<1>, Miftaraj says.

He adds that there is no doubt that measures will be taken against the head of the Constitutional Court in Mitrovica, Lilana Stevanovic, because she has participated in a political rally and has given political speeches.

“Such an action comes into the framework of serious disciplinary violations, where, as a disciplinary measure, their dismissal” could also be introduced.

Stevovic has attended a protest in northern Mitrovica on 6 November, organised by the Serbian List, the main Serbian party operating in Kosovo with the support of Belgrade and Serbian President Vuciq's Serbian Progressive Party.

She also attended a women's protest on November 23rd, which was also organised by the Serbian List, the main Serbian party operating in Kosovo with the support of Belgrade and Serbian President Aleksandar Vuciq's Serbian Progressive Party.

What about the cops?

On the basis of the Administrative Management Guide for Employment in the Kosovo Police, police officials who resign voluntarily have no right to return or be employed in the Kosovo Police.

However, the procedure is that a police officer should warn his resignation at the Staff Directorate 30 days ago, so the procedure for their dismissal is still under way. Police have resigned days after November 5th, when, at a meeting with Serbian List Chairman Goran Rakic, the decision to leave Kosovo institutions has been made.

Initially, the director of the Kosovo Police for the northern region, Nenad Djurovic, was suspended because he had declined to implement the Kosovo Government's measures for Serbian license plates. The chief of operations, Aleksandar Filipovic, has resigned.

Serbia's president, Aleksandar Vuciq, later awarded them the First Century Protection and Security Order and the Golden Medal for Courage.

Special selection of station commanders in the north

Members of the Serb community have integrated into the Kosovo Police on the basis of the Brussels Agreement as part of the dialogue between Kosovo and Serbia since 2013.

Under this agreement, Kosovo has agreed that the regional commander for the four municipalities in the north is a Kosovo Serb, named by the Kosovo Ministry of Internal Affairs with the proposal of local mayors.

This provision has been introduced to the Kosovo Police Law, while the procedure for electing the new commander lasts more than a month.

The problem with this issue is that the heads of four municipalities have resigned, so technically it is not possible to elect a new commander.

The extraordinary local elections for mayors in the north have been announced for 18 December, while elections for the Zvecan Municipal Assembly and the Leposaviqi one have been announced on December 25th. The Serbian list has said earlier that it will not participate in these elections.

Komuna administrative staff

In four municipalities in northern Kosovo, civil servants, whose working relationship is regulated by the Law for Civil Service, have also resigned.
Under this law, they must submit the announcement of resignation at least a month ago, meaning that the procedure for their dismissal is also under way.

When it comes to the return, the law says civil servants who have resigned and lost the status of civil servants may later seek employment in civil service through extraordinary employment procedures in accordance with conditions stipulated by law.

Return to institutions without the formation of Association?

Miodrag Marinkovic, director of the non-governmental organisation “Centre for Afirmative Social Action” from North Mitrovica, believes members of the Serb community will soon return to Kosovo institutions at Belgrade's request.

“I think that the international community, now following major diplomatic efforts to calm the crisis, will redirect the pressure on Belgrade, so that through them it will seek the return of institutions”, he tells Radio Free Europe.

He adds that in the coming period there will be a “battle”, in which everyone will return to Kosovo institutions, even if in some situations there are no legal conditions for this or there are “resist” among some members of the Serb community.

Marinkovic concludes that the Serb exit from Kosovo institutions has been forced and that it has not had to happen and that only now will they feel the size of the consequences caused by that movement.

Calls for the return of Serbs to institutions have also made representatives of the international community.

Northern Kosovo was integrated into the Kosovo system after 2013 under individual agreements within dialogue for normalisation of relations.