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Minister Gërvalla reacts to EU statements: The law of the Republic of Kosovo is not negotiable. No one is above the law

Minister Gërvalla reacts to EU statements: The law of the Republic of Kosovo is not negotiable. No one is above the law

Prishtina, 29/08/2026

Caretaker Deputy Prime Minister and Acting Minister of Justice, Donika Gërvalla, has reacted to the statements of European Union officials regarding the decision of the Kosovo Judicial Council on the resignations of Serbian judges and officials of the judicial administration.

“As Minister of Justice, I cannot remain silent in the face of efforts to question the implementation of the law of the Republic of Kosovo by its independent institutions and to impose on them anyone’s interpretations and political preferences,” said Minister Gërvalla.

Furthermore, Minister Gërvalla said that the decision of the Judicial Council is independent and in full compliance with the Constitution and laws in force of the Republic of Kosovo.

“The Law on the Kosovo Judicial Council, in Article 26, expressly stipulates the obligation of the Council to, in the event of the resignation of a judge or prosecutor, send the proposal for dismissal from office to the President. These resignations were made in 2022. Almost four years have passed,” Minister Gërvalla stated.

She said that the Serbian judges have not exercised their duties for approximately four years and have been disconnected from the regular processes of the Kosovo judicial system, including reporting, performance evaluation, ongoing training and other obligations that apply to all judges.

“Continued absence from work constitutes a serious disciplinary violation under the applicable Law on Disciplinary Responsibility of 2018. This, together with other violated legal obligations, makes the withdrawal of these resignations unacceptable in the current circumstances,” said Minister Gërvalla, adding that their resignations during 2022 were not individual and isolated actions.

“They were given in an organized manner, along with resignations from other positions in justice institutions, under circumstances of political pressure directed by the Serbian state,” she said, adding that such an action contradicts the laws of the Republic of Kosovo.

Minister Gërvalla indicated that the same position was also held by the Kosovo Prosecutorial Council on July 20, 2026, when it rejected the request of Serbian prosecutors and administrative employees to withdraw the resignations submitted in November 2022.

“Therefore, I publicly challenge anyone who claims that these decisions contradict the law of the Republic of Kosovo: tell us which law has been violated. Which article? Which provision?

Tell us which law of the Republic of Kosovo determines that a person can resign from a function in the justice system, not exercise that function for approximately four years and then return to the same position? If a violation of the law is alleged, then let the exact law that has been violated be indicated”, declared Minister Gërvalla.

She said that it is unacceptable that today a decision of the Judicial Council, based on the constitutional and legal framework of the Republic of Kosovo, is questioned for political reasons.

“Kosovo cannot be required to implement the law and, at the same time, pressure can be exerted on its institutions when they implement it,” said Minister Gërvalla.

Expressing her support for the KJC decision, Minister Gërvalla reiterated the importance of representing all communities in justice institutions, emphasizing that this principle cannot be used to relativize the law.

“Our European partners must support the rule of law in Kosovo not only when the results are politically convenient, but precisely when independent institutions make decisions based on the law,” said Minister Gërvalla.

As Minister of Justice, she expressed strong support for the decision of the Kosovo Judicial Council and its independence to act in accordance with its constitutional and legal mandate.

Stressing that the Republic of Kosovo is a state of law, Minister Gërvalla said that our country cannot sacrifice the rule of law for the sake of the appeasement policies of the EU, to the detriment of the constitutional and legal order of the Republic of Kosovo.

“In the Republic of Kosovo, no one is above the law. Absolutely no one! No individual. No institution. And no political pressure, local or international,” she concluded.

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