The composition of the Prosecutor's Council, in which prosecutors and distinguished lawyers would have an equal number of members, while a representative of the Ministry of Justice could have the deciding vote, is not contrary to European standards.
By finding an adequate solution to their election, the danger of politicization of the key decision-making body in the State Prosecutor's Office can be overcome, according to the Venice Commission in its draft opinion on the proposed amendments to the Law on the State Prosecutor's Office and the Proposal for the Law on the Prosecutor's Office for Organized Crime and Corruption.
The session of the Council of Europe's Council of Europe, whose agenda includes these laws, began yesterday, and the discussion about them is on the agenda of today's session. On February 16, the Ministry of Justice and Minority Rights requested the opinion of the Supreme Court, after the Assembly session on February 18 with that agenda was postponed. Law proposals were submitted by members of the ruling coalition, who threatened the government that they would not support any law until their proposals are adopted.
Their goal is that the prosecutors do not have a legal majority to make decisions in the Prosecutorial Council, which until now has refused any kind of responsibility for the poor performance of the prosecution. TS also elects the chief special prosecutor and proposes the supreme prosecutor, i.e. it has a key role in the creation of prosecutorial policy.
It now has 11 members - six prosecutors, four eminent lawyers and representatives of the Ministry of Justice.
According to the proposed changes, five positions would be reserved for prosecutors, five would be delegated by parliament, and one position would remain for the Ministry of Justice.
Minister of Justice Vladimir Leposavić will also take part in today's session of the Supreme Council, who, according to "Vijesti" information, submitted a response to the draft opinion. In it, according to "Vijesti" information, he explains that the legal principles and standards proposed by prominent lawyers of the VC are not applicable in the political and social conditions in Montenegro, where there is great distrust in the Prosecutor's Office.
A section of the legal public previously warned that the redrawing of European and US standards in Montenegro is bad because some of them are inapplicable, and one of those problems is the two-thirds majority for elections in the judiciary - including the chief prosecutor.
This problem is dealt with to some extent by the VC in the Draft Opinion, expressing regret that the Constitution of Montenegro (which prescribes a two-thirds majority) does not have an unblocking mechanism in case of non-election.
In relation to the most controversial provision, the abolition of the SDT and the introduction of the new Prosecutor's Office for Organized Crime, which leaves the current special prosecutors unassigned, the Supreme Court concludes largely similarly to the majority of EU diplomatic officials.
The chief special prosecutor must not be dismissed under the pretext of legislative reform, and if he is guilty of misconduct, he must face disciplinary or criminal responsibility, they believe, "Vijesti" has learned.
However, the minister states in his reply that the Prosecutor's Council has not made any decisions in this direction so far and that all reports have been rejected.
The Law on Prosecution for Organized Crime provides for the termination of the mandate of the SDT, headed by Chief Special Prosecutor Milivoje Katnić, and the formation of a new one.
The Ministry of Justice stated in its response to the Supreme Court that the parliamentary majority did not propose abolishing the entire institution (Special State Prosecutor's Office), but proposed that it be preserved and that the conditions be created to begin real work on the fight against crime and corruption.
"The government is concerned that the complexity of social and legal problems is not considered"
"There is enormous dissatisfaction with the work and behavior of the highest prosecutorial officials in Montenegro. This dissatisfaction does not come exclusively from the parliamentary majority, but the attitude of the MPs reflects the state of widespread dissatisfaction among citizens. Selectivity in actions, abuse of position, including inappropriate personal comments and statements by the highest prosecutors, constantly bring unrest to society and feed various extremisms. The Government of Montenegro strives to prevent all forms of extremism, but also to prevent riots and conflicts in society. For this reason, the Government is grateful to the Venice Commission for its assistance in terms of a quick and detailed Draft Opinion on the proposed legal amendments. However, the Government is concerned about the fact that in some parts the draft opinion does not consider the complexity of social and legal problems, and therefore proposes solutions that cannot be effective in solving them," it states, among other things, in the response to the draft VC, which is not final.
Bonus video:
