Party ties over integrity

Political agreements on the holders of the most important judicial positions cannot be avoided because they are prescribed by the Constitution, but those who participate in them must show that they want to choose the best candidates, not those recommended by "connections" and party suitability.

This is how the interlocutors of "Vijesti" interpret the fact that even for the mandate of the new government, which promises an independent judiciary and prosecutor's office, the elections in the judiciary are taking place in the shadow of accusations of behind-the-scenes inter-party deals.

They are now dealing with candidates for judges of the Constitutional Court (US), members of the Judicial Council (SS) and the Supreme State Prosecutor (VDT), while last year they were dealing with candidates for members of the Prosecutorial Council (TS), making it impossible for several months to complete the composition of that body .

While some parties announce their support for the "unblocking" of the judiciary, others claim that the ongoing procedures in the parliament are meaningless, because the future members of some bodies have been determined in advance.

Positions in the judiciary have long been arranged through party trade, so, among other things, not only those who have connections with parties or who closely cooperate with them, but also those with party cards were elected to positions in the US and SS.

The practice of appointing politically colored people to important positions instead of professionals, dominantly shaped the judiciary during the three-decade rule of the Democratic Party of Socialists (DPS). Instead of independence and professionalism, ossified personnel with party connections entered the zone of abuses, which is currently being investigated by the Special State Prosecutor's Office (SDT).

Lawyer Andrijana Razić assesses that "falsification of legal procedures" are the best mechanism to achieve immediate influence of inappropriate political influence in the judiciary.

It is common knowledge, he says, that to get to any significant state function in Montenegro, it is primarily recommended that someone be recommended by some "connection", and not proven work results and a professional biography. This fact, he adds, has so far made it much more difficult for those who have real integrity and expertise to "break through" to the positions that would belong to them based on their merits.

"And not only that, but we have witnessed that for decades, above all in the judiciary, there were the same people whom practically until recently no one wanted or was allowed to 'stand on the line', not even in the form of applying for the same competitions, where according to the references, they certainly 'skipped' them", Razić points out for "Vijesti".

Civic activist Dina Bajramspahić says that between party trade, ie. "spoils distribution" and a principled social agreement, there is a serious difference.

A principled social agreement, he explains, means that the parties discussed the candidates, considered them, evaluated them according to certain criteria, and provided majority support to the one who stood out according to the results. Such an agreement, he states, is not unprincipled because it was made in the best will to choose the one who can achieve the best performance, on which we all depend.

"The decision-makers must prove to us that they tried to choose the best candidate for each position and provide convincing arguments. The sum of such progressives in the coming years would lead to breakthroughs in the judiciary, on which progress in the negotiations depends. If they choose "lukewarm" solutions or only party-friendly solutions that do not stand out with knowledge, abilities and integrity, they will not have the capacity to strongly push the institutions forward, which is now urgently needed. Especially in light of the collapse of the judicial system", she emphasizes for "Vijesti".

This breakdown is best illustrated by the recent arrests of the former president of the Supreme Court for many years, Vesna Medenica, whom the SDT suspects of having, as a member of a criminal organization, committed the criminal offense of unlawful influence, and the president of the Commercial Court Blaž Jovanić, whom the SDT suspects of illegally damaging ten companies in bankruptcy proceedings .

Bajramspahić says that the only prerequisite for elections to judicial bodies is that they are legal authorities who put the letter and spirit of the law before all other characteristics, as well as that they are individuals who will refuse obedience to everything and everyone in favor of the rule of law and justice.

Candidates, he underlines, must not belong to those who voted, proposed, supported them, but should be elected precisely because they are not "flexible".

"Doing any favors and concessions to anyone, in order to vote for appointments in the judiciary, is scandalous and constitutes an abuse of official duty. Not to mention how terrible it is that actors seeking services are not aware of the importance of the judiciary and the necessity of a functional legal system, that they need another motivation to solve a burning social problem. This best shows how little progress we have made and how insufficient the qualitative changes in the management system are," she states.

By the end of the month, the election of one US judge and distinguished lawyers in the SS is expected, while no compromise has yet been reached on the candidate for the VDT.

For elections in all three key institutions, two-thirds, or three-fifths, of the deputies' support is required.

Razić says that the fact is that the Constitution and laws stipulate that a broad consensus of political subjects is necessary for the selection of some of the holders of judicial positions, and that this cannot be avoided. She therefore states that she does not think that a priori it should be assumed that some personal solution that the parties "agree on" will necessarily be bad. Confirmation of this, he adds, is also the recent personnel changes in the prosecutor's organization.

"These people have not yet discredited themselves in their actions and behavior, and in my opinion, for the time being, they largely justify the trust placed in them. I sincerely hope that such a result will be achieved in these elections for judicial positions, which we expect in the coming period", she said.

Bajramspahić believes that the changes are not necessarily bad, and she says that, in the sea of ​​bad news, the work of the new TS so far is positive and an example to everyone else of how to make strides and resist being taken for granted.

"Parties are transitory, and the judiciary is the foundation of an orderly society. The new leaders of the judiciary should understand that and break away from any influence, and without a doubt, there is an undisguised desire of everyone to control and abuse them", concludes the interlocutor.

Razić: Every government wants to put its paw on the judiciary and the prosecution

Stating that every government naturally strives to control the main levers of power in the state, Razić says that the judiciary is the main personification of that power.

"From this impulse necessarily arises the tendency of the executive power to, as much as possible, put under its 'paw' above all the judiciary and the prosecution. This is not a curiosity in the behavior of our politicians - neither the current ones, nor the previous ones - although it is safe to say that this mechanism is quite perfected in these areas. This is best evidenced by these recent arrests of long-time leaders of the judiciary, as well as numerous other affairs that we have been witnessing for decades."

Eight candidates for one judge seat in the US

Eight candidates responded to the May advertisement for one position in the US.

They are Alija Beganović, Tatjana Bulatović, Elvis Duraković, Dragana Đuranović, Jovan Kojičić, Zdenka Perović, Branislav Radulović and Momirka Tešić.

The Constitutional Committee of the Assembly formed a Commission yesterday that will determine whether the candidates' applications are in accordance with the conditions prescribed by the competition.

Three procedures for the election of four (out of a total of seven) US judges are in progress before the Constitutional Committee.

As "Vijesti" announced yesterday, the president of the Association of Lawyers, Branislav Radulović, has the best chance of being elected as a US judge by the end of the month.