In less than two months, the current acting Supreme State Prosecutor Maja Jovanović the second half-year term ends, but the battle between the two currents has begun in earnest - who will take over the most important position in the prosecutor's organization after February 5, 2023.
The first legal move was made by the current Prosecutor's Council, which addressed the President of the Assembly on Thursday, December 15. Danijela Đurović, but also to the Parliamentary Committee for Political System, Judiciary and Administration in order to consider the amendment of the Law on the State Prosecutor's Office, that is, Article 48 paragraphs 4 and 5, but also the deletion of paragraph 6, which stipulates that the same person can be in acting condition at the head of the VDT.
"We believe that it is justified to consider amending the Law on the State Prosecutor's Office in such a way that Article 48 paragraph 4 would be amended so that it reads: a state prosecutor who meets the requirements of Article 43 of the Law can be appointed as acting supreme state prosecutor; amended Article 48 paragraph 5 so that it reads: acting supreme state prosecutor is appointed until the election of the VDT; deleted Article 48 paragraph 6 of the Law on the State Prosecutor's Office", reads the letter of the Prosecutorial Council.
In this way, it is clear that the Prosecutor's Council wants to, if there are legal changes, keep the prosecutor Maja Jovanović in the leading position in the Supreme State Prosecutor's Office until someone is elected to manage the prosecutor's organization in full capacity.
One of the interlocutors of "Vijesti" claims that TS's request is somewhat surprising if it is known that they are the ones who elect and dismiss in the prosecutorial system, so that without their consent, no one can be elected who is not according to the will of the majority of members in that body.
Urgently consider...
In their address to the parliament, the Prosecutor's Council emphasized that this issue is of particular importance for the functioning of the prosecutor's organization and the TS, so they asked that their request be considered as soon as possible.
"Given the fact that the supreme state prosecutor has not yet been elected for a full term, we are facing a situation where in less than two months it will most likely be necessary to appoint a new acting VDT. Without prejudicing the decision on the appointment of an acting official, we hereby express the view that discontinuity in the position of the supreme state prosecutor, and therefore the president of the TS, i.e. frequent personnel changes in those positions may negatively affect the functioning of the institution, since it is necessary for a certain period of time to the person who performs that function, even in the acting capacity, is familiar with all the circumstances, information and other issues necessary for the efficient exercise of competence", states the Prosecutor's Council, which on Wednesday unanimously decided to address the President of the Assembly and the Committee for the Political System, the Judiciary and the administration.
There were no members at the session that day Stevo Muk i Borivoje Đukanović.
In the letter, TS also mentioned the opinion of the Venice Commission from July 2021, when it was ordered that the acting officer be appointed from among state prosecutors. In February of last year, this opinion was respected by this convocation of the TS by electing prosecutor Jovanović, which was also noted by the European Commission in its October report.
Who will sooner...
How important it is to the Prosecutor's Council that this issue be dealt with as soon as possible is also clear from the fact that they addressed the parliament directly, bypassing the Ministry of Justice to initiate legal changes.
If they had gone in that order, which is usual for legislative changes, time would have been lost (proposal, public debate) and by the end of this year, that is, by the end of the fall parliamentary session, the changes to the Law on the State Prosecutor's Office would not have reached the plenum.
Insiders claim that the Prosecutor's Council decided on this move because there is another situation within the prosecutor's office, as well as political parties that want Maja Jovanović to take over the management of the VDT after the 2nd half-year acting mandate expires.
It is speculated that the name of a person who is not from the prosecutor's system and who was selected for this position is already known to sit in the chair, which has been vacant since October 5, 8, in an acting mandate after February 2019.
The interlocutor of "Vijesti", who wanted to remain anonymous, claims that an interest group has been formed in the judiciary as well as part of the current government, which wants to preserve Maja Jovanović at the head of the VDT at all costs.
"By initiating changes to the law, they want to make their people trustworthy", said the source of "Vijesti".
In February, they were unanimous
Prosecutor Maja Jovanović, who was elected by the unanimous decision of the Prosecutor's Council on February 5 this year as the acting head of the Supreme State Prosecutor's Office, played a key role in the first months after the constitution of the new convocation of that body.
At a specific moment, Jovanović accepted the TS's trust, and after her arrival, the Prosecutorial Council made a decision on February 17 stating that the long-time chief special prosecutor Milivoj Katnić and 10 other prosecutors had been terminated because they had acquired the conditions for an old-age pension.
That decision was preceded a day earlier by a stormy session of the Supreme State Prosecutor's Office, where some colleagues pointed the finger at the Acting Supreme State Prosecutor, telling her that she was "a traitor and that she works for the URU".
A month after Katnić's departure, Jovanović chose Judge Vladimir Novović at the TS session to be her proposal for the new GST, which was later unanimously accepted by all members of the TS. For this reason, in mid-September, the Prosecutor's Council noted the amendment of the decision, which provides for the possibility that the acting VDT, after the end of the second acting mandate, should he so request, remain in the Supreme State Prosecutor's Office.
Before the election, Jovanović was a career prosecutor in the Higher State Prosecutor's Office in Podgorica.
Bonus video:
