The integration of our judges into bodies that are outside the legal system of Serbia entails a number of serious issues.
The position of judges in Kosovo is extremely difficult. We found ourselves in a situation where of judges of the Republic of Serbia is expected to apply for work in Kosovo courts which are outside the judicial system of Serbia and to the job competition of the Kosovo institutions, that we do not recognize as an independent state.
Leaving aside the obvious unconstitutionality of shutdown of judicial authorities in Kosovo; the integration of our judges into bodies that are outside of the Serbian legal system, entail a number of serious questions. Dragana Boljevic, President of the Serbian judges and judges of the Appellate Court in Belgrade, in an interview for Politika opens this issue and talks about other issues related to the functioning of the judicial system in Serbia.
How to solve the problem of judges in Kosovo?
The basic question is whether the judges will be able to work in courts in Serbia. If it’s their free desire, it is not a problem for them to accept retirement, and even to apply to these vacancies, but what about those who do not want? They must remain Serbian judges. Others need to know that the judges, who apply to work in Kosovo courts, subsequently will be asked to accept Kosovo citizenship and renounce citizenship of Serbia because nobody wants the judge to be a foreigner.
There does not apply the principle of Non-mobility of judges as one of the guarantees of independence in their work. It will happen that a judge today is on trial in Mitrovica, and then in five months or a year he is in Pec or Djakovica, where realistically, his security will be compromised if he doesn’t judge by the will of criminal groups, and if he refuses a transfer, there is a risk of dismissal. Also, the so-called pension system of Kosovo is undeveloped and their pensions are between 70 and 90 euros.
