As soon as the amendments to the Law on the State Prosecutor's Office enter into force, the procedure for electing members of the Prosecutor's Council can be expected to start quickly, says the executive director of the Center for Civil Liberties (CEGAS), Boris Marić.
He told "Vijesti" that the aim of amending the Law on the State Prosecutor's Office is, among other things, to change the structure of the Prosecutorial Council (TS), which should lead to an active role of this body in strengthening the personnel of the prosecutorial organization and strengthening the prosecution on an institutional level.
"So we can expect a quick start of the procedure for electing members of the Prosecutor's Council after the entry into force of the Law", said Marić.
The amendments to the Law, which were adopted by the members of the ruling majority in the Parliament on Wednesday, change the balance of power in the TS, so that the prosecutors will not have a decisive say. This is how opportunities are created for the dismissal of the heads of the prosecution - from the Supreme, through the Special to the basic ones. The new Supreme Court will state the termination of the function of the acting Supreme Prosecutor, who will be from the current Supreme Prosecutor's Office, after Ivica Stanković retires at the end of May. The new acting head of the VDT can also be outside the prosecutor's office, that is, a police officer, judge or lawyer, if he has enough years of experience.
This work can be done by TS at the first session of the new convocation.
Whether it will happen at the beginning of August or a little later, will depend on when the President of the State Milo Đukanović (DPS) will sign the Law. The Constitution of Montenegro obliges the President to promulgate the law within seven days of its adoption or to return it to the Assembly for a re-decision. In case the parliament votes it again, it is obliged to declare it.
Boris Marić says that it is realistic to expect Đukanović not to sign this law for the first time.
"Following the events that characterized the changes in the prosecutor's law, such as the leaving of the assembly hall by the opposition, it is realistic to expect that Đukanović will not sign the law for the first time and thus allow the opposition another period of political campaign against the current interventions in the prosecutor's law, with the aim of encouraging the reaction of the international community," said Marić.
The ruling coalition adopted the amendments to the Law without the presence of the opposition, which left the discussion dissatisfied that the adoption was not postponed for 20 days in order to try to find an agreement on the election of the VDT.
In April, the parliamentary majority proposed changes to the Law, after the transitional ones, as well as the Proposal for the Law on Prosecution for Organized Crime, were not supported by the Venice Commission. In its new opinion on the revised Proposal, the Supreme Court praised the progress compared to the decision from March, but again expressed concern about the possible politicization of the Prosecutor's Council.
The European Commission and the rapporteur of the European Parliament for Montenegro, Tonino Picula, welcomed the fact that, in the process of revising the Law on State Prosecution, Montenegro twice requested the opinion of the Supreme Court.
Picula emphasized that it is extremely important to strengthen the independence of the judiciary and prevent political influence.
Prime Minister Zdravko Krivokapić said on Wednesday evening that the adoption of amendments to the Law on the State Prosecutor's Office is a sign that Montenegro is embarking on the path of changes within the rule of law that will lead to the correction of numerous injustices.
DF: The effects of SDT according to directives Katnić: Attempted terrorism
DF assessed that the day of adoption of the Law "will be written in golden letters in the book of the fight against organized crime and corruption".
"No allegations of the Special State Prosecutor's Office about the prosecution of more than 100 members of the DPS and their satellites can fix the ugly image that the top of the prosecution organization created about itself in previous years. This party body of Milo Đukanović can only measure its effects according to the directives it receives from the DPS", said the DF.
The chief special prosecutor Milivoje Katnić replied that the leaders of the DF "can pour out the golden letters from the funds they received for the financing of a criminal organization and terrorism in an attempt, which criminal acts are charged against them to the degree of reasonable suspicion".
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