The participation of the Minister of Justice in the work of the Judicial Council or any other member of the Government is not in accordance with the recommendations in order for that body to strengthen its independence and protect itself from inappropriate political influence, said the Delegation of the European Union in Podgorica and the body of the Council of Europe for the fight against corruption (GRECO ).
Prime Minister Zdravko Krivokapic after temporarily taking over the leadership of the Ministry of Justice, he is a member of the Judicial Council by function, so on February 25, at the session, he could interview candidates for the president of the Administrative Court. The "News" unofficially confirmed that the session was scheduled, but neither the Judicial Council nor the Government answered whether the Prime Minister will participate in the election of the president of the court and whether this is a violation of the Constitution.
The previous government did not respect the recommendations of GRECO and the Venice Commission of the Council of Europe, so the practice of having the Minister of Justice in the Judicial Council continued. Members of the Judicial Council previously included former ministers from the DPS government Dusko Markovic i Zoran Pazin.
The Delegation of the EU in Podgorica told "Vijesti" that questions remain regarding strengthening the independence of the Judicial Council from inappropriate political influence, for example due to the participation of the Minister of Justice in the work of the Council ex officio.
"The Judicial Council is the main body for managing the judicial system and the career of judges in Montenegro. Its composition and appointment procedures are mostly aligned with European standards. However, as stated in the Report of the Commission on Montenegro for 2021, there remain questions related to strengthening the independence of the Judicial Council from inappropriate political influence, for example due to the participation of the Minister of Justice in the work of the Council ex officio", according to the Delegation.
They remind that the European Commission stated that Montenegro must fully and unequivocally implement all relevant constitutional and legal frameworks, in accordance with the recommendations of the Venice Commission and GRECO.
"Achieving results within the framework of the remaining judicial reforms is key to achieving progress in Chapters 23 and 24, and thus to the overall EU accession process," they said.
Answering the question of "Vijesti" whether it is in accordance with international standards for the prime minister to be a member of the Judicial Council, GRECO stated:
"GRECO's policy, as expressed in several reports, is for judicial councils to be independent from the executive and legislative branches. This was expressed in numerous recommendations, where GRECO called for the abolition of the membership of ministers (often ministers of justice) in such councils, including its recommendation in the Report on the Fourth Evaluation Round in relation to Montenegro. This would most likely apply to any minister or member of the government”.
In the opinion submitted by the Venice Commission in 2014 on the Draft Law on Courts, the Judicial Council and the Rights and Duties of Judges, it was recommended to the Government to interfere less in the organization of the courts and thereby enable respect for the principle of separation of powers.
In its opinion on the proposed amendment to the Constitution from 2012, the Supreme Court pointed out that it is necessary to improve the constitutional guarantees for the independence of the judiciary and that the composition of the Judicial Council should be changed in order to avoid politicization and autocracy.
Bonus video:
