The Constitutional Court confirmed that Irena Radović's right to access the court was violated

The Constitutional Court of Montenegro found that Irena Radović's right to access to court contained in the right to a fair trial was violated in the court proceedings for annulment of her dismissal from the position of Deputy Governor of the Central Bank of Montenegro (CBCG), and it annulled the decision of the Supreme Court of Montenegro which in 2021 , its revision was rejected.

This was announced by her lawyers Goran Rodić and Siniša Gazivoda.

They recalled that the Assembly dismissed Radović from the post of vice-governor in July 2018, and based on her lawsuit, the Administrative Court declared itself incompetent and referred the case to the Basic Court for decision.

Such a decision was then confirmed by the Supreme Court stating that the trial should take place before the Basic Court in Podgorica.

"After the judgments of the Basic Court in Podgorica determined twice that Radović was dismissed illegally, the Supreme Court adopted the principled legal position that, despite the constitutional principle of mutual balance and control between the branches of government, the court cannot review the legality of decisions on dismissal made by the Assembly" , stated Rodić and Gazivoda.

They clarify that this principled legal position served to dismiss as an illegal lawsuit for annulment of the dismissal, which was also confirmed by the Supreme Court of Montenegro in 2020, although it had previously decided that regular courts had jurisdiction over this case.

Because of this, they appealed to the Constitutional Court with a constitutional appeal, which was adopted on February 7 of this year.

In its decision, the Constitutional Court stated, among other things, that the principled legal position could not be retroactively applied to the case of Irene Radović.

"Remembering that this legal battle has been going on for five years since the lawsuit was filed and that time confirms that our arguments were well-founded, we expect that this case will be put to an end as soon as possible and that it will be legally established that the dismissal of Radović from the position of vice governor was illegal ", concluded lawyers Rodić and Gazivoda.