I believe that I have the professional maturity after 25 years in courtrooms to run for the President of the Court of Appeal. I am aware of the challenges that this position carries, especially when cases come before that court that are under the watchful eye of the Montenegrin public, said Judge of the Court of Appeal Mirjana Popović.
In response to the question of the member of the Judicial Council, Dražen Medojević, what motivated her to run for president of the Court of Appeal, she stated that she had submitted a program and a work plan, in which she stated that she would have the support of her colleagues and that they would be able to achieve their goals together.
In the introductory part, the President of the Judicial Council, Radoje Korać, listed a long list of Popović's biography and her participation in international bodies.
She stated that the first step that should be taken in order to improve the public's image of the judiciary "is to educate our colleagues on what corruption in the judiciary is".
"The first and most important instrument is transparency. When we talk about it, I would like to point out that the concept of "perceived corruption" should be explained. Strengthening disciplinary and ethical as well as criminal responsibility when necessary. Raising the awareness of judges about the concept of corruption," said Popović.
To a question from the member of the Judicial Council, Sanja Konatar, she answered that interpersonal relations in the Court of Appeal are "the most beautiful".
She said that "the atmosphere in that court is the most beautiful in which she has worked so far".
"Working in councils is easy. I am extremely satisfied with communication. I have not had any problems with my colleagues so far. And I would like it to stay that way. The only difficulty is that I needed to get used to a slightly smaller influx of subjects since I come from of the higher court," she said.
Popović stated that the number of civil cases in the Court of Appeal has increased significantly, which means that the "Commercial Court has become functional".
She said that she was in a situation to separate opinions in the councils and that she considers it the judge's right and "to lead the development of legal opinion and legal science"...
The member of the Judicial Council, Rade Ćetković, asked how due to the different attitude of one council compared to another, the standardization of judicial practice is not affected.
"I dealt with that in the Program. The Department of Judicial Practice does not function in the Court of Appeals, and if our two civil councils have different views, they should turn to the Supreme Court," replied Popović.
Korać asked Popović what she would do if, as president of the court, she saw "empty steps" both in the Court of Appeal and in the High Court.
"She said that she would react and call a court session, and that she would discuss it. And if she saw a decrease in the efficiency of the work of a colleague, she would try to overcome that problem in a separate conversation with him. I would ask that a team be formed in order to colleagues from the Court of Appeal informally helped the judges of the High Court," she replied.
The judge of the Appellate Court, Dijana Radulović, said that the court has a good staff of judges, but that due to the bad image of the judiciary, it is a challenge to apply for the post of president of the Appellate Court.
The statistical review and results of that court, as she stated, are good, but as president, she would make an effort to improve all those parameters.
SS member Dražen Medojević asked what measures she would introduce against corruption in the judiciary and to improve the bad image of the judiciary.
"A judge must work and judge according to the law. I am aware of the image of the judiciary in the public eye, I think it is not exactly what it is presented to be. I think the role of the president of the court is to raise the level of transparency and the image of the state of the judiciary. As for deviant behavior and corruption, I think that has no place in the judiciary. I would be in favor of individual verification but also for collective vetting if they decide on that, but I think we have mechanisms, but they need to be improved," Radulović stated.
She emphasized that the Court of Appeal works in panels and that interpersonal relations are good and that she has never had a problem communicating with her colleagues during her previous work in the court system.
She replied that she had a separate opinion while working in the councils, and that the judge's right can influence uniform judicial practice.
"The judge judges according to his personal conviction, adhering to the Constitution and the law. Yes, judicial practice should be harmonized, but not at the expense of independence in the work of judges," she stated.
Radulović said that, as president of the court, she would work to ensure that the leading principle of independence is crucial, but she should definitely work on strengthening the uniformity of court practice.
Bonus video:
