The Acting President of the Supreme Court, Vesna Vučković, appealed to all government officials to do their best so that the judicial branch of government, after almost four years, finally came out of acting status.
At the celebration of October 29 - the Day of the Judiciary, Vučković said that within the judiciary "understand each other, listen to each other" and announced that she "will contribute to the election of the leader of the Montenegrin judiciary".
"Ending the state of emergency is a priority at this moment, not only because of the European agenda, but because of the affirmation of the rule of law in civil Montenegro, dedicated to the promotion, respect and protection of human rights and basic freedoms," stated Vučković.
The third branch of government celebrates the Day of the Judiciary without a head in full mandate and legitimacy, and the 9th election procedure for the president of the Supreme Court has been going on since this summer.
The celebration of the Judiciary Day also takes place in the shadow of the assessment of the Government's reform agenda that Montenegro has been making limited progress in the field of justice for a long time.
In her opening speech, Vučković also referred to political evaluations and stated that the judiciary, as an independent branch of government, "is often under very controversial and inappropriate pressure from politicians, the media, various interest groups and the non-governmental sector."
"Any criticism is welcome when it is well-argued and constructive, and we will accept it as such. However, we resolutely reject any inappropriate, ill-intentioned and political attack on the judicial system. Our defense must be expertly argued, with a proactive appearance in information, publication decisions and actions of each judge, which is based on the principles of integrity, professionalism and responsibility," she stressed.
Democratic Montenegro last week sent an invitation to all social actors to, as they stated, raise their voice against the irresponsible behavior of the courts. The reaction of the caucus followed the release of the minor from Bar.
63 judges are missing
The Acting President of the Supreme Court, who will cover that position from September 2021, announced that the judicial system lacks 63 judges, of which three are presidents...
"Such a situation is insufficient for the full authority of the judicial authority, but it is our reality, a necessity in this challenging period and a consequence of inappropriate normative solutions and practices," she explained.
According to Vučković, the Montenegrin courts had a total of 137.884 cases in operation since the beginning of the year, of which they received 70.320 cases, so that the promptness rate is 87%, and the number of old, unresolved cases is 6.680.
She emphasized that the representatives of the judicial authorities participated in the accession of Montenegro to the European Union, through the participation of its representatives in the Working Groups for Negotiation Chapters 23 and 24.
"Representatives of the judiciary actively participated in working groups devoted to amendments and additions to the set of judicial laws, the adoption of which led to the Report on the assessment of the fulfillment of temporary standards - IBAR. Montenegrin judges with other representatives of the judiciary prepared solutions for the improvement of the Law on the Judicial Council and Judges , the Law on Courts, the Law on Confiscation of Property Gains from Criminal Activity, the Criminal Code of Montenegro and the Code of Criminal Procedure. period, by participating in the process of accession to the European Union, to confirm our role," stated Vučković.
She also used the Montenegrin Judiciary Day to emphasize that the dignity of a judge "must not be threatened in a democratic society and state system, which strives to respect all international standards."
"By our participation in the field of law drafting, which will define the salaries and other rights of holders of judicial positions, we protect the integrity, importance and function of the judicial system. A fixed salary in accordance with European standards is the best guarantee of preserving the financial independence and independence of judges, as one of the key components overall independence and independence of the judiciary. That's why I call on the representatives of the executive and legislative authorities to respect the Opinion of the Venice Commission and make additional efforts to reach a consensus on the way to the adoption of the best legislative solution, which will also successfully resolve this issue," she concluded.
The Day of Judgment - October 29, was established on the date of 1798, when the Montenegrin and Mountain Code was passed, known as the Code of Peter I.
"The media, politicians and NGOs with the courts must be partners in the interests of the citizens"
Vučković reminded that, during the past year, with the successful use of funds from the IPA fund of the European Union, as part of the Judicial Efficiency Improvement Project, nine court buildings were renovated and handed over for use.
Also, he reminds, at the 66th Plenary Session of MANIVAL, at the end of last year in Strasbourg, the Final Report for Montenegro was adopted.
"We received a positive evaluation, we avoided the 'grey' list, and that obligates us to confirm this with our decisions in the future," Vučković said.
After receiving the opinion of the European Commission, as she said, the Supreme Court, in cooperation with the Supreme State Prosecutor's Office, drafted Guidelines for the implementation of plea agreements, based on the Supreme Court's Analysis of the Criminal Policy for the Most Serious Crimes.
"In the context of assessing the needs to improve the work of the Special Department of the High Court in Podgorica, a Plan for ensuring the functioning of the Special Department was adopted, which contains 24 effective measures for key segments of the work of that department. We saw the problems of the Special Department, recognized and registered all the pressures that are exerted on this Department. We have worked and we will continue to work in order to help the colleagues of this Department even more", said Vučković.
When it comes to cooperation with other state bodies, he adds, the Agreement on international cooperation in the field of human trafficking, which focuses on the protection of victims' rights, was signed with the Supreme State Prosecutor's Office, four ministries, three public institutions and three non-governmental organizations.
"At the meeting of the presidents of all courts, the Supreme Court suggested the courts to communicate with the public, with announcements that should contain brief reasons for the verdict in the part of the explanation on the type and amount of the sentence imposed, especially in cases of violence against women and minors. Active international cooperation continued, with the participation of representatives of the Supreme Court at international and regional conferences and meetings. As part of the implementation of the EUROL III project, regular activities aimed at solving old cases and developing a plan for the rationalization of the judicial network continued," the Supreme Court said in a statement.
The Embassy of the United States of America, he recalls, donated equipment for the multimedia hall of the Supreme Court worth 150.000 euros.
With the aim of better transparency, he points out, at the beginning of this year, the Communication Strategy for the Courts and the Judicial Council 2024 to 2026, and the Action Plan for this year were adopted, with the support of the joint program of the European Union and the Council of Europe.
"The Supreme Court implemented a project for advanced training of judge spokespersons and members of the Judicial Council, as well as a two-day workshop where, after almost a decade, judge spokespersons, members of the Judicial Council and media representatives met in order to recognize and eliminate potential problems in communication. Representatives of the Supreme Court also participated in the Working Group of the Ministry of Culture and Media, in the work on amendments to the three media laws that were adopted. The ENEMLOS project, intended for students, was successfully completed, and the Supreme Court's special attention was focused on trainees.
According to Vučković, numerous meetings were initiated by the Supreme Court with representatives of state bodies and international organizations with the aim of improving the security situation in the courts.
"For years, we have been pointing out the need to form the Court Security Service - the Judicial Police, but also to raise the level of security for all employees and citizens who have access to the courts. "Especially, if we take into account numerous reports about the placement of bombs in courts, which, fortunately, were false, we will continue to insist on increased security of court buildings," reminded the acting president of the Supreme Court.
She added that the focus of the courts must remain on improving conditions in the direction of building infrastructure complexes for the needs of the judiciary, as well as establishing a new information system.
Challenges, as she pointed out, from the history of the Montenegrin judiciary still exist, and at the current moment the citizens of Montenegro are looking for justice according to the standards of the citizens of the European Union, to a wider extent and with a higher threshold of expectations.
Courts are under very strict public scrutiny, which, as she said, is acceptable, but she also emphasized that the dignity of a judge must not be threatened in a democratic society and state system, which strives to respect all international standards.
"That's why I call on the representatives of the executive and legislative authorities to respect the Opinion of the Venice Commission and make additional efforts in achieving consensus on the way to adopting the best legislative solution, which will successfully resolve this issue," said Vučković.
The judiciary is freed from blockages in communication with the public by becoming more and more public. But "we must", as she assessed, "notice that the judiciary, as an independent branch of government, is under often controversial and inappropriate pressure from politicians, the media, various interest groups and the non-governmental sector".
"Any criticism is welcome when it is reasoned and constructive, and we will accept it as such. However, we resolutely reject any inappropriate, ill-intentioned and political attack on the judicial system. Our defense must be expertly argued," said Vučković.
"We sincerely perceive all representatives of the legislative and executive authorities, media and non-governmental sector as partners in the complex processes and times in which we live and work. I hope that they will also understand that they must become partners with the courts, in the areas of our responsibilities and competences , and not the opposing parties, because the goal is to protect the rights of citizens," she concluded.
After the celebration of Montenegrin Judiciary Day, a regular meeting of the presidents of all courts was held.
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