Frequent changes at the head of the prosecution can negatively affect the functioning of that institution, which is why it is necessary to create legal prerequisites to ensure continuity in the position of the supreme state prosecutor.
This is written in the initiative that the Prosecutor's Council (TS) sent to the president yesterday Vlade Dritan Abazović.
They asked the Prime Minister to urgently consider their proposal for changes to the Law on the State Prosecutor's Office, as well as the implementation in that regulation of the recommendations of the Venice Commission and European standards in connection with the appointment of the acting VDT.
TS requested that the amended law can appoint a state prosecutor who meets the requirements for acting VDT, but also to delete the position limiting that the same person can be acting VDT a maximum of two times in a row if the supreme prosecutor is not elected during the term of office the state prosecutor.
To the current Acting Supreme State Prosecutor Maja Jovanović, who is also the president of TS, will end her second six-month term in that position on February 5. Given that the Assembly did not elect a VDT during that period, after that date, according to the current regulations, it is necessary to elect a new acting deputy.
In order for Jovanović to remain in the position of acting VDT even after February 5, it is necessary for the amended legal text to reach an extraordinary session of the parliament, and then to enter into force.
In the initiative sent to Abazović, the Prosecutor's Council explains that they do not want to prejudge the decision on the appointment of an acting deputy, but also emphasize that this issue is of particular importance for the functioning of the State Prosecutor's Office and the Prosecutor's Council.
"Without prejudicing the decision on the appointment of an acting deputy, we hereby express the view that discontinuity in the position of the Supreme State Prosecutor, and therefore the President of the Prosecutorial Council, i.e. frequent personnel changes in those positions, can negatively affect the functioning of the institution, since a certain period of time is necessary that the person who performs that function, even in the capacity of acting, is familiar with all the circumstances, information and other issues necessary for the efficient exercise of competence. Appreciating the need to continue the application of positive practice, based on the recommendations of the Venice Commission, as well as the strengthening of the public prosecutor's organization through professional, professional and competent management, the TS took the position that there are justified reasons for the recommendations of the Supreme Court and European standards regarding the appointment of the executor the duties of the supreme state prosecutor are implemented as soon as possible in the Law on the State Prosecutor's Office," the document reads.
Those of the Prime Minister in the technical mandate remind that the function of the VDT has been performed in an acting capacity since October 8, 2019.
There is no prosecutor without an oath
Member of the TS, senior prosecutor Tatjana Begović, told "Vijesti" that it would be problematic if, after February 5, a person who is not in the state prosecutor's organization was chosen as the acting candidate, because such candidates did not take an oath.
"The Law on the State Prosecutor's Office stipulates that the state prosecutor takes office by taking an oath, which in this particular case would be a problem if a person who is not from the state prosecutor's organization was appointed as acting VDT, because he did not take the oath. Let me mention that the law stipulates that if the state prosecutor does not take the oath, it is considered that he was not elected. All of these are the reasons why I appreciate that a state prosecutor should be appointed as acting VDT," said Begović.
She also highlighted the fact that the fact that the Supreme Court appointed a person from the ranks of state prosecutors as acting VDT was recognized and praised in the report of the European Commission in 2022:
"As a confirmation of respect for the recommendation of the Supreme Court".
"Vijesti" previously announced that if there is no amendment to the Law, TS will hold a session before February 5th at which they will decide how to organize the election of the acting VDT, that is, whether they will publish a public invitation for that position with clear invitation rules who all have the right to apply, or, like last year, they will choose someone from the list of prosecutors whom they believe could lead the Prosecutor's Office.
The members of the current convocation of the TS, who are from the prosecutor's organization, will hardly vote for the option of someone outside their organization being the acting supreme state prosecutor.
According to the newspaper, a legal expert at the Institute for Legal Studies, Milorad Miško Marković, is interested in that position. He is criticized for not having even a day's experience in the judiciary, because, as the insiders explain, the work of the VDT also requires daily instructions in the work of prosecutors.
The possible election of Marković as the acting VDT would very likely be opposed by the Venice Commission and the European Commission.
In its opinion dated July 6, 2021, the Venice Commission recommended, among other things, that the acting VDT be appointed from among state prosecutors, and this was also stated in the report of the European Commission in October 2022.
At its session on December 14, the Prosecutor's Council decided to submit to the Parliamentary Committee for Political System, Judiciary and Public Administration the initiative that was submitted to Abazović yesterday.
Most of the Prosecutor's Council wants to keep prosecutor Jovanović in the leading position in the State Prosecutor's Office, until the election of a new VDT for a full term.
After that, a member of TS also addressed the board in a letter Stevo Muk, pointing out the legal disagreement with the initiative of the majority of colleagues from the Prosecutor's Council.
The TS's move was also commented on by the NGO Action for Human Rights (HRA), protesting their decision to propose to the Parliament changes to the Law on the State Prosecutor's Office, which would indefinitely extend the mandate of the current acting VDT until the election of a full term.
Đurišić: Who is in the interest of senseless personal changes?
A long-time attorney from Podgorica, Aleksandar Đurišić, told "Vijesti" that frequent changes of responsible persons in any business involving state bodies introduce legal uncertainty.
"I would say further, not only legal uncertainty, but also more broadly. Who is interested in sitting in a leadership position that is exposed to excessive pressure, insecurity, and frequent senseless personnel changes? Civilization implies elementary democratic rules - that security is needed for a maximum of one to two mandates, that is, four to eight years, in order to even see one's ability, skill, knowledge, practical experience and eventual progress. The primitive provincial relationship is different," said Đurišić.
Statements urgently and on viber
The Secretariat of the Prosecutor's Council asked the members of that body to declare on Friday in a Viber group whether they are in favor of submitting an initiative to the Government to amend the Law on the State Prosecutor's Office.
According to the knowledge of "Vijesti", TS member Stevo Muk protested because of the way in which the statement was requested and the deadline of only a few hours for it. The explanation was that TS had already made a statement about the changes when the initiative was sent to the Assembly.
TS member from the Ministry of Justice, Bojan Božović, was restrained in order not to prejudge its decision as a representative of the Government and violate the procedure by which the Ministry declares itself.
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