OSCE Report on Kosovo’s Justice System Post-2022 Mass Resignation

In February 2024, the OSCE Mission in Kosovo released a report shedding light on the consequences of the mass resignation of Kosovo Serb judges, prosecutors, and administrative staff from the justice system in the Mitrovicë/Mitrovica region in 2022.

The integration of Kosovo Serb judges, prosecutors and administrative staff into the Kosovo justice system, as mandated by the 2013 Brussels Agreement and the subsequent 2015 Justice Agreement, was a significant step achieved by October 2017. However, the political landscape in northern Kosovo grew increasingly unstable and tense throughout 2022.

In October 2022, the Kosovo Government’s decision to re-register vehicles with Serbian-issued license plates ignited further tension. Subsequently, in November 2022, Kosovo Serb director of the Kosovo Police Regional Directorate for the North, Nenad Djuric, publicly declared that Kosovo Serb police officers in the region would not comply with the decision, leading to his suspension by the Kosovo Police.

In response to Djurić’s suspension, Serbian political leaders announced the withdrawal of Kosovo Serb representatives from Kosovo institutions in the north. This decision triggered a wave of resignations, with all Kosovo Serb judges, prosecutors, and  administrative staff stepping down in the Mitrovicë/Mitrovica region. 

The consequences of this mass exodus were profound, affecting the efficiency and functionality of the Mitrovicë/Mitrovica justice system. Court proceedings experienced significant disruptions, with no hearings conducted in cases assigned to Kosovo Serb judges and prosecutors.

The mass resignation not only disrupted court proceedings but also compromised fundamental principles of fair trial, including the right to a trial within a reasonable time and access to justice. Many criminal and civil cases were reassigned to Kosovo Albanian judges and prosecutors which led to an increased caseload of individual Kosovo Albanian judges and prosecutors and caused case delays.

According to the report, comparing data before and after the mass resignation, a significant decline is evident “in the execution of court decisions, as the statistical data reveal a marked decrease in the overall clearance rate from 64% in the first half of 2022 to 25% in the same period in 2023.” Similarly, concerning “general crime main trial cases, the statistical data indicate a notable decline in the overall clearance rate from 117% in the first half of 2022 to 74% in the first half of 2023.”