In the past three years, as many as 25 prosecutors, or a quarter of the total number, resigned from the prosecutor's organization, while 52 judges in the same period decided to leave the judiciary at their own request.
"Vijesti" received alarming data on the number of prosecutors and judges who left judicial positions in 2021, 2022 and 2023 from the Prosecutorial and Judicial Council.
In addition to the judiciary being left without a huge number of holders of judicial functions, the coffers of the budget units of the Prosecutor's Council (TS) and the Judicial Council (SS) have been emptied by almost 2,7 million euros, which were paid in the past three years on that basis.
In its response to "News", the Prosecutor's Council stated that based on the records of the Secretariat of the Prosecutor's Council, it was determined that in three years, out of 25 state prosecutors who resigned, 20 of them used the legal option to pay compensation upon termination of office.
"In the period from January 1, 2021 to December 31, 2023, 24 decisions on severance pay for state prosecutors were adopted. During that period, a total of 28.439,37 euros was paid in gross amount based on severance payments to state prosecutors, while a total of 991.666,25 euros was paid for officials' fees," the Secretariat of the Prosecutorial Council states.
That body does not have statistical data on how many cases were owed by the prosecutors, who in the past three years left the position of state prosecutor - by resignation, and how cases were distributed within the prosecutor's organization after the departure of even a quarter of the prosecutors.
The Secretariat of the Judicial Council stated that during 2021, 2022 and 2023, a decision was made to terminate the office of as many as 106 Montenegrin judges.
Of that number, almost half, that is, 52 judges left the judicial system by resigning, while 51 termination of office was determined due to exercise of the right to pension, in one case due to loss of ability and two due to death.
Based on a request for free access to information, "Vijesti" received information from the Judicial Council that judges who resigned from May 1, 2021 to May 20, 2024 were paid 1,686,022,12 euros in official fees.
Lawyer and full professor at the Mediteran Faculty of Law Miloš Vukčević he said that data on the number of resignations of judges and prosecutors they show the state of the judiciary.
He believes that there are several reasons why a large number of holders of judicial positions leave the office of prosecutor and judge - some of them used their legal right to receive compensation after the termination of their office for as long as two years, because they had the right to extend receiving compensation for another one year, if in that year they acquire the right to receive a pension.
"The reasons should also be sought in the fact that a number of them were faced with the possibility of dismissal, so they exercised their right to resign, in order to avoid the process of determining responsibility", he assesses.
Vukčević, however, states that the biggest reason for leaving the office of judge and prosecutor should be found in the poor state of the judiciary.
"The burden of a large number of cases, the lack of adequate working conditions, constant exposure to criticism, a high degree of responsibility and pressure have made these professions, which were once considered exceptional and prestigious legal professions, undesirable and less interesting. This thesis is supported by the fact that a much smaller number of interns apply for job vacancies in courts and state prosecutors' offices than is required in the advertisement, while a significantly smaller number of students enroll in law faculties than was the case before. As a democratic society aspiring to EU membership, all of this should deeply concern us. The state must take measures to improve this situation and to elect people of knowledge and integrity as holders of judicial positions, as well as highly moral personalities, because without that, legal knowledge is useless," Vukčević claims.
In addition to the fact that the judicial system has faced a large departure of judges in the past three years, the Judicial Council will make a decision by the end of 2024 for eight more judges, who are eligible for the right to an old-age pension.
Next year, according to the data of the Judicial Council, three judges will acquire this condition, and six judges in 2026.
According to Article 36 of the Law on Salaries in the Public Sector, judges and prosecutors, who have been terminated from office, have the right to compensation for up to 12 months in the amount of the salary they received in the last month before the termination of office.
60 judges are currently missing from the judicial branch of government. There should be 329 judges and presidents in Montenegrin courts, and according to the data of the Judicial Council, Montenegro has 269 judges.
The right to compensation can be extended for another year if during that period its beneficiary acquires the right to a pension, so on this basis, a considerable number of judges and prosecutors resigned two years before their retirement was approaching.
The Judicial Council gave the "News" as an example the termination of the judicial function of one judge, who, at his personal request, was notified of the termination of the judicial function on April 10, 2024, and that judge will, at his request, receive compensation for up to one year, i.e. until he fulfills the condition for acquisition old-age pensions from 65 years of age.
"And judges who have been terminated from office, who have fulfilled the full requirement (65 years of age/40 years of insurance) have the right to severance pay," states the Judicial Council.
Vukčević also expressed the opinion that the right to compensation is abused and used too often, although there is no doubt that this right legally belongs to every official.
"In this sense, I believe that the Law on Salaries in the Public Sector should be amended, as well as the Law on Civil Servants and State Employees, and primarily shorten the period of one year in which the official has the right to receive compensation. Also, it is necessary to define that the right to compensation after termination of office, the official acquires only if he spends a certain longer period of time performing a state function. I would like to remind you that this right was exercised by a significant number of officials who spent less than half of their mandate in office. Also, if one looks at the comparative legal experience of neighboring countries, it can be concluded that Montenegro leads the way when it comes to the period in which an official can exercise the right to compensation - in Serbia, an official has the right to compensation for up to 3 months, while MPs have the right for up to six months ", stated Vukčević.
Bad condition, but also fear of responsibility
The executive director of CEGAS, Marija Popović Kalezić, told "Vijesti" that there are probably several reasons for the mass departure of judges and prosecutors - from the change of government, through the new relationship with the entire judiciary, but also the relationship and establishment of working conditions.
She believes that it is possible that a huge number of resignations were addressed due to a possible fear of liability.
"In any case, both the Judicial and Prosecution Councils would have to conduct an adequate analysis of this situation, with an explanation of what happened to the newly registered persons. Why do we have a low response during public calls for these functions", believes Popović Kalezić.
She states that after the change of government, it is obvious that a part of the top of the judiciary is deeply criminalized, but the new government did not work to provide adequate working conditions either.
"Not to mention the necessary legal changes. If we want to improve the system of functioning of both, we must do so normatively, through improved legal solutions, through EU recommendations and best practices, taking into account the way of conducting disciplinary procedures, evaluation, responsibility before the Commission for the Code of Ethics, as well as other internal and external methods controls, where the quality of the work of prosecutors and judges will be clearly reflected with certainty, through sanctions to rewards and satisfaction for further work", said the executive director of CEGAS.
He said that after the change of government, the prosecution initiated proceedings against some, until recently, leading people in the judiciary.
"Neither the previous nor the new government invest enough in the judiciary. The prosecutor's office works in unbearable conditions, and courtrooms are most often substandard offices. This kind of environment is not encouraging either for judges and prosecutors, who are in the system, but also for those who are thinking of joining," she states.
The executive director of CEGAS also states that one of the reasons for the large departure is "certainly the fear of possible determination of some form of responsibility"...
"The set of laws, which treat the judiciary, has been waiting for adoption for too long, and it seems that they still do not find the necessary normative solutions for the selection, promotion and determination of the responsibilities of the holders of judicial functions."
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