The Palace of Justice may also be in Zabjelo

The Ministry of Justice is coordinating with the leaders of the Capital City which of the four locations, Old Airport, Pobrežje, Zabjelo and part of Ćemovsko Polje, will be the most optimal for the construction of a judicial district, Vijesti has learned unofficially from the government department headed by the minister. Bojan Božović.

The same source said that the Ministry and the Capital, headed by Saša Mujović, are considering the best solution, because they need significant square footage.

"At least 20.000 square meters are needed to create a neighborhood that will meet the needs of the judiciary," said the interlocutor of "Vijesti".

The construction of the judicial district was mentioned yesterday by the Minister of Justice, emphasizing that he will announce where it will be located by July 15th, and that he is in communication with the Mayor of Podgorica.

He made this announcement at the conference "Towards the Independence of the Judiciary in Montenegro: Assessment of the Implementation of the Recommendations of the UN Special Rapporteur on the Independence of Judges and Lawyers in Montenegro in 2024", organized by the non-governmental organization Human Rights Action (HRA).

Božović said 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, she pointed out that the report of the United Nations Special Rapporteur Margaret Saterfild clearly points to key challenges in the Montenegrin judicial system.

According to that report, Montenegro has partially fulfilled some recommendations, such as improving legal regulations and establishing certain mechanisms to protect the independence of judges and lawyers.

Bajrović said that a significant part of the recommendations remain unfulfilled, that 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. She explained that 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 said.

He emphasized that there are still problems with the spatial capacity of judicial institutions, adding that the last building for the needs of 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," he said.

Speaking about the laws on salaries in the judiciary, he said that they were being slowed down due to the dynamics in the Parliament.

"We want the final issue of judicial office holders to be resolved with a single law, and we are communicating with the Ministry of Finance," he said.

He added that the department he heads is burdened by personnel challenges: "The Ministry also has many of the same challenges as the judiciary, and we have difficulty finding staff."

He criticized the Minister of Justice for having “a huge amount of discretionary power over the appointment of notaries and public bailiffs,” adding that “a greater amount of meritocratic standards” must be set.

Vetting and chapter closure are not working

At the same conference, the President of the Supreme Court, Valentina Pavlicic, she stated that the report by UN Special Rapporteur Margaret Satterthwaite realistically portrays 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 differently, but the judiciary cannot provide the spatial capacity on its own. We have changed several governments that promised 'palaces of justice'."

She recalled that since 2020, more than 120 judges have left their judicial positions, which is more than a third of the total number.

Pavličić questioned the Supreme Court's provision of courtrooms for trials in organized crime cases, pointing out that as of today, the percentage of completed audit reports is 180 percent.

She spoke about the low salaries of judicial employees, pointing out that judges in basic courts receive 50 euros above the average salary.

She said that the issue of vetting in the judiciary "has been mentioned for five years," and that a decision must first be made on "prevetting, vetting, and lustration," explaining that these are different processes.

"Vetating goes on three levels - professionalism, expertise and integrity," she pointed out.

She asked if the ultimate goal is for Montenegro to close Chapter 2026 by 23, "how are we going to open the vetting in 2025, based on what law?".

"With an open vetting process, we cannot close chapters," 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 service cannot come to the Supreme Court," said Pavličić.

Marković: All actors in political and public life should refrain from pressure

Supreme State Prosecutor Milorad Marković announced yesterday 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.

He claimed that the principles of vetting are already being applied in practice in the prosecutorial organization through disciplinary proceedings, pointing out that one prosecutor was dismissed last month.

Speaking at a conference dedicated to the implementation of the recommendations of the United Nations Special Rapporteur, Marković referred to two key segments - efficiency and vetting in the judicial system.

He pointed out that efficiency should not be measured only by the number of first-instance verdicts, but from the aspect of final decisions.

He assessed that significant progress has been achieved in respecting human rights, combating domestic violence, and protecting journalists.

"The work of the prosecutor's office has improved significantly, as evidenced by the increase in the number of prosecutors from 85 to 114. Although 24 candidates applied for 11 positions, only nine were hired," he said.

Referring to the vetting, Marković emphasized that it is "a political decision in which he wants dialogue to be included"...

He also claims that the prosecutors who handle the most sensitive cases are those with the greatest integrity.

Speaking about the spatial capacities and material situation 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 the citizens of Montenegro, and that justice must be visible.

The Supreme State Prosecutor pointed to the "present populism in Montenegro", claiming that this "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".

He said that this could create pressure on judicial authorities.

He warned that, while constructive criticism is welcome, it is necessary to preserve independence, and that freedom of expression must go hand in hand 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.

He said that he sees the problem of young lawyers' lack of interest in working in the prosecutor's office in the demanding nature of the job and constant criticism from the public.

Marković said that the internal independence of prosecutors must be an axiom for efficient work.

He emphasized that the autonomy and independence of the State Prosecutor's Office are key to the protection of justice and that no one has the right to exert undue pressure or influence on prosecutors, thereby creating a false public perception that the State Prosecutor's Office is not independent and that state prosecutors are not independent.

"In a legal and democratic state, the key assumption of stability is that each branch of government, legislative, executive and judicial, strictly adheres to its constitutionally established competencies. The Prosecutor's Office expects all actors in political and public life to refrain from pressures, suggestions or interpretations that could jeopardize the institutional integrity and independence of the prosecutor's office. The Constitution of Montenegro clearly defines the role and independence of the state prosecutor's office, the independence of state prosecutors in their actions, and these principles cannot be subject to improvisation or political projections," the VDP emphasized.