Minister of Justice Bojan Božović said that he will provide information on where the judicial district will be located by July 15th, and that he is in communication with the mayor of Podgorica.
He made this statement at the event "Towards the Independence of the Judiciary in Montenegro: Assessment of the Implementation of the 2024 Recommendations of the UN Special Rapporteur on the Independence of Judges and Lawyers in Montenegro", organized by the Human Rights Action (HRA).
He added that he hopes that the Special State Prosecutor's Office (SDT) will move into the old government building in September.
Legal Advisor at HRA, Amra Bajrović, recalled that the report of the United Nations Special Rapporteur Margaret Satterfield clearly points to key challenges in the Montenegrin judicial system.
According to the report, Montenegro has partially fulfilled some recommendations, such as improving the legal framework and establishing certain mechanisms to protect the independence of judges and lawyers. However, as she said, a significant part of the recommendations remains unfulfilled. The biggest problems are still present in the form of influence on judges and prosecutors, the lack of effective protection of lawyers from pressure and threats, as well as the inadequate functioning of disciplinary bodies. The report also points to the need for continuous education of judicial workers, which would increase the quality and impartiality of court proceedings.
Božović assessed that certain progress has been made towards Montenegro receiving IBAR, but that he is not satisfied with the dynamics.
"Sometimes slowness is part of the process. The judiciary cannot function as an isolated island. For public perception to be complete, citizens must trust the judicial branch of government."
He also mentioned problems with the spatial capacities of judicial institutions. He said that the last building for the judiciary was built in 1988.
“If we want to be honest and accountable to citizens, the conditions in which judges and prosecutors work are inadequate. It would be hypocritical to say otherwise. This problem is inherited. I would be dishonest to say otherwise.”
Speaking about the laws on salaries in the judiciary, he said that they were being held up due to the dynamics in the Parliament.
"Our wish is that the issue of judicial office holders be finally resolved with a single law, and we are communicating with the Ministry of Finance," he said.
He added that personnel challenges also exist in the Ministry.
"The Ministry also faces many of the same challenges as the judiciary, and we are having a hard time finding staff," he said.
Božović pointed out that the Minister of Justice has "a huge amount of discretionary power to appoint notaries and public bailiffs. We need to set a greater amount of meritocratic standards," he said.
Pavličić: Around 120 judges have left office since 2020
Supreme Court President Valentina Pavličić said that the report by UN Special Rapporteur Margaret Satterthwaite realistically depicts the situation that is the result of decades of neglect.
"In December, when I took office, I found a situation that had been left to the 'ravages of time', where the judges themselves were managing among themselves," said Pavličić.
She pointed out that the doors of the Supreme Court are always open to all kinds of constructive criticism.
"Everywhere there is room for improvement, everything can be done in a different way, but the judiciary cannot provide spatial capacities on its own. We have changed several governments that promised 'palaces of justice'," the President of the Supreme Court pointed out.
She recalled that over 2020 judges have left their judicial positions since 120, which is more than a third of the total number of judges. At that time, 11 judges were replaced in the Supreme Court, and according to her, the question is whether there is anyone to replace these people.
"Populism and politics - all the best, but our goal is to restore the trust of citizens."
She questioned the fact that the Supreme Court provides courtrooms for trials in organized crime cases.
She pointed out that as of today, the percentage of completed audit reports in the Supreme Court is 180 percent. Pavličić also spoke about the low salaries of employees in the judiciary, saying that judges in basic courts receive 50 euros above the average salary.
"Thanks to the Minister of Justice, we have negotiated changes to the compensation of judges and prosecutors," she pointed out.
She also noted that the issue of vetting in the judiciary has been mentioned for five years, and that a decision must first be made on pre-vetting, vetting, and lustration because, as she said, they are different processes.
"Vetating goes on three levels - professionalism, expertise and integrity," she pointed out.
She said that if the ultimate goal is for Montenegro to close Chapter 2026 by 23 - "how are we going to open vetting in 2025, based on what law? We cannot close chapters with an open vetting process," the President of the Supreme Court pointed out.
She also said that there was a shortage of staff, namely judges, and encouraged all professionals to apply.
"We have open competitions, but someone without 15 years of work experience cannot come to the Supreme Court," said Pavličić.
Marković: The number of prosecutors has increased, we are already implementing vetting principles
Supreme State Prosecutor Milorad Marković addressed two key segments of the recommendations: efficiency and vetting in the judicial system.
He stressed that efficiency should not be measured only by the number of first-instance verdicts, but also from the aspect of final decisions. According to him, significant progress has been made in respecting human rights, combating domestic violence and protecting journalists. “The work of the prosecution has been significantly improved, as evidenced by the increase in the number of prosecutors from 85 to 114. Although 24 candidates applied for 11 positions, only 9 were hired,” he said.
Referring to the vetting, Marković stressed that it is a political decision in which he wants to include dialogue, but that the decision itself will still be political. According to him, the principles of vetting are already being applied in practice through disciplinary proceedings, and according to him, one prosecutor was dismissed last month. The prosecutors who handle the most sensitive cases, he claims, are those with the greatest integrity.
When it comes to spatial capacities and material conditions in judicial bodies, Marković pointed out that this could affect the efficiency of work. He emphasized that the independence of the judiciary and prosecutor's office is a right of Montenegrin citizens, and that justice must be visible.
He pointed to the current populism in Montenegro, which often leads to an uncritical view of the work of the prosecution, but also to a dangerous public reclassification of criminal offenses without expert knowledge, which can create pressure on judicial authorities. Although constructive criticism is welcome, Marković warns that it is necessary to preserve independence, and freedom of expression must go with responsibility.
He particularly emphasized that state prosecutors are the most susceptible to pressure, and that for them, fighting that pressure often proves to be more difficult than fighting crime. The problem of young lawyers' lack of interest in working in the prosecutor's office is seen in the demanding nature of the job and constant criticism from the public. He said that the internal independence of prosecutors must be an axiom for efficient work
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