After a long break, the Prosecutor's Council resumed its session, but the member of the Prosecutor's Council, Siniša Gazivoda, immediately proposed that the session be interrupted, and that they meet again tomorrow or the day after tomorrow to get acquainted with the names of the candidates from the list of prosecutors that the Secretariat of the TS provided to them.
The other members of the body agreed with this, so the session at which the acting VDT will be elected will continue on Wednesday.
Neither the lawyer Milorad Miško Marković nor the special prosecutor Sanja Jovićević won the majority to be appointed acting supreme state prosecutor.
Five members of the TS voted for Marković to be acting VDT, two were against, while Siniša Gazivoda and Nikola Samardžić abstained. Which means that he was not appointed as the acting VDT because six votes are needed, i.e. the majority of the total number of TS members. (There are 11 members of that body).
Filip Jovović, Stevo Muk, Bojan Božović, Borivoje Đukanović and Miloš Vuksanović voted for Marković, while Tatjana Begović and Đurđina Ivanović were against.
Sanja Jovićević also did not receive support because she had only two votes in favor - Tatjana Begović and Đurđina Ivanović, while seven members abstained.
A break is in progress.
TS member Borivoje Đukanović said that Sanja Jovićević has great human and professional references, but that the future one has in mind the limiting legal article - he will abstain during the vote.
"I have never had any communication with Marković in my life, but his work program shows that he is a professional. I cannot and am not competent to speak about a man whom I have for the first time in the framework of thinking about how human and professional attributes are. Unfortunately, I will have to refrain when it comes to Jovićević," Đukanović said.
Prosecutor Ivanović said that during the discussion the TS members "eliminate the candidate Jovićević".
"That's not right. You've said enough about colleague Marković, I wouldn't want to repeat myself. But I want to say who Sanja Jovićević is. A career prosecutor with almost 19 years of work in the prosecutor's organization and she has come a long way with an exceptional work resume. We should have in view of the fact that we are appointing an acting officer, someone who knows the prosecutor's organization and work. That is why I think that her biography recommends Sanja Jovićević for the position of acting VDT," Ivanović stated.
Stevo Muk also stated that he was sorry that the candidates did not have the right to appear before the Prosecutor's Council at the interview.
"Both of them will not have the opportunity to talk with us to ask them questions. Bearing all this in mind, I will be the acting VDT during the decision-making process, and bearing in mind the biography and the work program, during the decision-making process I will decide to support Milorad Marković as the acting director. VDT," said Muk.
Siniša Gazivoda announced that he would briefly give his position on the candidates.
"These two persons applied and that is to be respected. As for Jovićević, and bearing in mind the circumstance that she is a member of the TS and that she did not resign in this procedure, and without the desire to argue, I drew a position. That's why I won't be able to support her application. I agree with Marković that it's a biography where a lot of effort has been invested, but my view is that someone who aspires to the position of Acting VDT must be someone who has professional and practical experience in the judiciary. Here the old question from February last year, whether a person who is not a prosecutor can be appointed as the acting VDT, is also being raised. Such a thing would be legal, but respecting the authority of the opinion of the Venice Commission, from which it follows that someone should be appointed as the acting VDT who is the state prosecutor, I voted last year for Maja Jovanović to be appointed then. Especially respecting the authority of the opinion of the Venice Commission, I still stand by that position. That's why I will abstain in relation to both applications," said Gazivoda.
Prosecutor Tatjana Begović said that the acting VDT can only be a person who is a prosecutor.
"I do not dispute Marković's rich biography, but he has no prosecutorial experience and I believe that he cannot answer that task. I think that my colleague Jovićević has the experience to perform this complex function properly," said Begović.
And lawyer Miloš Vuksanović said that "he has a high opinion of both candidates, but he will abstain during the vote for Jovićević, since he has a dilemma regarding Article 27 of the Law on the State Prosecutor's Office."
"Muk presented Milorad Miško Marković's Work Program to us in a way. That's why I will support him," said Vuksanović.
Filip Jovović joined the position of his colleagues that the appointment of Sanja Jovićević to the position of Acting VDT would cause a dilemma and possible legal consequences, and therefore he will - abstain during the vote.
"As for Marković - looking at the Work Program, I saw good ideas. The lack of practical experience could be counted as flaws. But I think that his connection with the State Prosecutor's Office shows that he has projection, impressions and obviously has a vision of how that apparatus should be was developing. At this moment, I would support this candidate because it would introduce a new perspective into the state prosecutor's office," said Jovović.
The deputy of the TS said that they have two choices - whether to immediately proceed to voting on the interested candidates or to declare whether the plaintiff Jovićević has the right to run for office in view of this legal restriction.
Vuksanović and Božović were of the opinion that they should proceed to the discussion and then vote on the candidates.
Muk stated that something should be said about the candidates at the invitation of the TS - Milorad Miško Marković and Sanja Jovićević, and then the voting should begin.
Bojan Božović said that Article 27 is limiting for candidacy, and that it is the biggest "question mark for colleague Jovićević".
"I met the candidate as an assistant at the university, and he was involved in numerous projects on which we worked together. In the role of an expert, he cooperated with the Ministry of Justice, and in that professional sense I have a high opinion of him. On the other hand, we are talking about a person who does not have experience of working in the prosecutor's organization, but when weighing, I can guess what we will say about the candidates. I had to highlight his qualities. We have a big task. I read his Work Program, it seems to me that he has a good image of the prosecutor's organization," said Božović.
Muk said that the TS is in a situation that is "not the desired option" because this is an extraordinary decision because it is not part of the regular procedure of the TS when the proposal to the Assembly needs to be determined.
"I think it was good that we issued a public invitation last time, but also now. I still think that this invitation ensures transparency and the level of competition. I would like to have a larger number of candidates. I believe that Jovićević's candidacy cannot be taken into account due to the provision Article 27 of the Law on the State Prosecutor's Office, and in that sense, he will not declare himself," emphasized Muk.
He said for the candidate Marković that it is clear from the biography that he worked in criminal-legal and criminal-procedural matters and in connection with the prosecution.
"We are talking about a candidate who has also passed the bar exam, has relevant experience in international cooperation. In essence, I want to refer to the Work Program. We are talking about a candidate who submitted a 22-page Work Program. It seems to me that this Work Program correctly detects key challenges and provides guidelines that are close to me and that I pointed out even before I became a member of the TS", said Muk.
He also made a summary of Marković's Work Program...
The representative of the Đurđina prosecutor's organization, Nina Ivanović, said that there is no dilemma or need to interpret this article.
"This is not a matter of selection, but of determination. This is not just a linguistic difference, but an essential difference. We do not elect the VDT, but we appoint him, that's why this invitation was also informal. We neither evaluate them nor give points, but we determine the person who will carry out the acting mandate and from those provisions of the Law, I cannot put this on the same level as the persons who are chosen in the election process for some position. There is no dilemma here, nor is there any need for interpretation," said Ivanovic.
Muk asked whether appointing Jovićević as acting VDT would contradict the law, as it would also entail her promotion to the Supreme State Prosecutor's Office.
"That legal consequence is obvious and indisputable. I don't want us to get involved in making a decision that is legally disputed and overturned in court. That's why I'm pointing this out, I wouldn't want us to make a mistake somewhere," Muk said.
Ivanovic stated that she would follow her views, which she had for a year, so that this would not come to this.
"And that decision that we made six months ago is legally invalid for me. And I said that clearly at the time, because it is known through which procedure one can progress in the prosecutor's organization. I base my position on my previous positions that I had on this issue." , stated Ivanovic.
TS member and respected lawyer Siniša Gazivoda emphasized that this article of the Law on the State Prosecutor's Office should not be treated or interpreted "in the narrowest way, but somewhere targeted if we do not already have the resignation of that member in this convocation of the Prosecutorial Council".
Božović said that they could interpret this as progress, so it is questionable that any TS member can submit a candidacy.
TS member Flip Jovović said that the consequences should be looked at, because if she were to be elected, would she be able to return to the same position as before, and if she is elected, would we be left without one TS member.
Prominent lawyer Miloš Vuksanović stated that Jovićević should be determined through voting as a candidate.
"I had this question when I saw the candidacies. We can open a discussion and I'm not sure if we would come to an answer or an agreement. I think we should decide through a vote. The question is controversial, especially because there is no resignation from membership in the TS," he said. Vuksanovic.
TS member Stevo Muk said that it should be seen whether they should deal with the application of Sanja Jovicević, since the Law on State Prosecution prohibits advancement in the prosecutor's organization while he is a member of TS.
"We need to see if we should deal with that application, and if the law limits us in that. My opinion is that this norm, Article 27, is quite restrictive, but we should not decide until we hear the arguments of the others - for and against," he said. Muk.
After that, Samardžić said that we should return to the question of the regularity of applications.
Muk emphasized that they have the conditions for application and timeliness, but let's deal with Article 27 because the question arises whether this decision according to the advertisement of the Acting VDT and the decision to which Article 27 refers.
"Especially in the context of this and the previous decision that preceded and six months ago that the previous acting VDT should remain in the VDT upon termination of office. In colloquial terms, do we even need to consider the application if we have in mind this article of the Law in order not to were challenged from the aspect of the legal solution. I am applying for discussion on that issue, and I do not want to be misunderstood, but to see if we are on the right track so that they do not come into conflict with the legal norm," said Muk
The representative of the Ministry of Justice, Bojan Božović, said that the TS initiative, no matter what anyone thought about it, was justified.
"I will be open to every candidate, and I want to say that I am sorry that we do not have a larger number of potential candidates. Obviously, we have a big challenge ahead of us," said Božović.
Special prosecutor Sanja Jovićević sent a request to the TS to be exempted from work during the decision-making process of who will be the acting director of VDT because she submitted a candidacy for that position.
TS found exemption.
The deputy of the Prosecutor's Council, Nikola Samardžić, suggested that the agenda be supplemented by stating the termination of the function of Acting VDT Maja Jovanović and stating her right to remain in the Supreme State Prosecutor's Office.
TS agreed with the addition of the agenda, so they unanimously stated that her acting mandate has ended.
The TS members also agreed that she should be allowed the right to stay to work in the Supreme State Prosecutor's Office, only prosecutor Đurđina Ivanović was against.
Biographies of candidates
Milorad Miško Marković has a master's degree in legal sciences, with many years of experience in the field of the rule of law, human rights, justice, criminal law and confiscation of property benefits.
Marković worked at the Faculty of Law and as an expert/consultant on EU, Council of Europe, OSCE, AIRE Center and UNDP projects.
He participated in the writing of the Law on International Legal Assistance, the Code of Criminal Procedure and the Law on Confiscation of Property Gains from Criminal Activity...
Special prosecutor Sanja Jovićević is a career prosecutor with over 18 years of experience in the prosecution organization.
From 1998 to 2009, Jovićević worked her way up from intern, counselor to prosecutor in the Basic State Prosecutor's Office. After that, she continued her career as a prosecutor in the Higher State Prosecutor's Office, and in 2016 she was promoted to the Special State Prosecutor's Office, where she also served as spokesperson for a time. Since August 2021, Jovićević is also a member of the Prosecutor's Council from among state prosecutors.
She has undergone numerous seminars and trainings in various criminal and legal fields - cybercrime, the fight against human trafficking and people smuggling, financial investigations, secret surveillance measures and confiscation of property acquired through criminal activity. She is a prosecutor and a trainer at the Center for Training in the Judiciary and the State Prosecutor's Office.
The Supreme State Prosecutor's Office has been in an acting mandate since October 2019.
At the same time, the Prosecutor's Council launched the election process for the Supreme State Prosecutor in full term, and the prosecutor Maja Jovanović, the lawyer Milorad Miško Marković and the judge of the High Court in Podgorica Suzana Mugoša applied for the public invitation.
Who will be the new Acting Supreme State Prosecutor will be known today at the session of the Prosecutor's Council, where one of the candidates who answered the public call for the most important position in the prosecutor's organization should be chosen.
The TS members will initially state that the second six-month term of the previous acting VDT Maja Jovanović has expired, and then they will choose whether the lawyer Milorad Miško Marković or the special prosecutor Sanja Jovićević, who applied to the public invitation of the Prosecutorial Council, will take over management of the Supreme State Prosecutor's Office in an acting mandate.
The insider claims that Marković has the most chances in this balance of power within the TS, for whom, as there is now a mood in that body, six members (one vote also from the prosecutors) will most likely vote for him - as much as is needed to get a majority in that body.
Regarding the election of Marković, there will probably be the most disputes among the members of the TS, because the representatives of the prosecution, as well as German eminent lawyers, were clear last year, when Maja Jovanović was elected, that one of the prosecutors should take over the acting position.
Marković partly has experience in the work of the prosecutor's organization, because since 2015, through projects, he provided support to the prosecution, especially the Special State Prosecutor's Office, in the fight against the most serious forms of cross-border crime and strengthening the institutional response, through cooperation with EU agencies and international partners.
The special prosecutor, also a member of this convocation of the Prosecutor's Council, Sanja Jovićević, will probably get the support of members of the TS from among the prosecutor's organization, but she will hardly have any more votes from prominent lawyers, so there is little chance of getting the chair of acting VDT.
If Marković and Jovićević do not get the necessary majority for the election, TS will, like last year, choose someone from the list of prosecutors, who have over 15 years of experience in the prosecution organization, who could succeed Maja Jovanović in the acting mandate.
In that case, according to unofficial data from "Vijesti", the head of the Basic State Prosecutor's Office, Duško Milanović, has the best chance, who this summer received the support of this convocation of the TS to take over the chair of the largest prosecutor's office in the country.
Bonus video:
