Đuranović: I would not resign as a member of the DPS if I were elected as a judge of the Constitutional Court

Candidate for judge of the Constitutional Court, Dragana Đuranović, said today that she is a member of the Democratic Party of Socialists (DPS) and that the law does not prohibit a judge of the Constitutional Court from being a member of a political party.

At the session of the Constitutional Committee of the Parliament of Montenegro, whose agenda includes consultative hearings of candidates for the election of judges of the Constitutional Court, she said that she is not a member of party bodies.

Đuranović was a judge of the Basic and High Courts, and then a protector of the property and legal interests of the state.

"While I was a judge, I was never a member of any party. Since 2017, I have been a member of DPS and have their membership card, but it is not necessary for a judge of the Constitutional Court not to be a member of the party," said Đuranović, answering a question from a representative of Democratic Montenegro Vladimir Martinović.

Martinović asked the candidate whether she shares the perception and opinion of the citizens of Montenegro that it is about political pressure on the Constitutional Court, recalling the cases of the worker "Radoj Dakić", the decision on the unconstitutional tax collection "euro for euro", the cancellation of their own decisions, that they had presiding unconstitutionally and illegally...

"What should you do if the Constitutional Court makes decisions exclusively according to regulations and not on the basis of the directive of any political party?" asked Martinović.

Đuranović replied that she would never run for any court, if she thought it was political.

"There is such a perception, obviously, and we cannot escape from it. We can try to overcome it in such a way that experts are elected to the Constitutional Court who will not make political decisions and will not allow pressure to be put on it," Đuranović said.

She added that while she was a judge, she was never pressured, no one ever called her on the phone about a decision.

Luiđ Škrelja (DPS) asked what he thought about the Basic Agreement with the Serbian Orthodox Church (SPC).

Đuranović replied that she had seen it partially in the media, and that she had never seen the entire text.

"If I were elected as a judge, if I were to present all my views, then my opinion would have already been formed, which would not be good when deciding on this topic at the Constitutional Court," said Đuranović.

Momo Koprivica (Democrats) asked whether, in case she was elected as a judge of the Constitutional Court, she would resign from membership in DPS or would she still remain a member.

Đuranović replied that she would not.

"There is no law that prohibits someone who is a member of the party from being a candidate for a judge of the Constitutional Court. I would not resign from membership, I am not a member of any body of the party. I believe that a judge of the Constitutional Court cannot put his party preferences above what is constitutional and legal which are assessed or human rights violations which are assessed through constitutional appeals," said Đuranović.

Answering a question about the "Limenka" case, she said that she was appointed as a protector in the period when this was nearing the end of the proceedings.

"The case was treated with care, we used all the arguments we could use, we wrote a review, the Supreme Court remained of the opinion that 11 million euros in compensation should be paid to a natural person," reminded Đuranović.

Marko Milačić (Prava Montenegro) announced that Prava Montenegro will submit amendments to the Law on the Constitutional Court in order to introduce a provision that a judge cannot be a member of a political party.

He believes that a political member cannot be impartial in decision-making, especially since very important issues will be on the agenda of the Constitutional Court.

He asked her to comment on the third term of the former President of the Supreme Court, Vesna Medenica, and the "brutal" pressure on the judiciary by President Milo Đukanović.

Jovanka Laličić (DPS) reacted, saying that Milačić comes to the sessions as an interested member of parliament and undermines their work.

Milačić replied that it is not the blasting of the committee, the Assembly when the truth is being told. "Yes, I mine. Especially what you from the DPS do, and I will constantly mine. That's my passion," Milacic said.

He said that Đuranović is more of a member of the Committee than he is, given that she is a member of the DPS, and her party colleagues are defending her.

Đuranović also asked if she was dismissed from the position of protector due to political reasons.

Answering the question about Vesna Medenica's third mandate, she said that she believes that every third mandate is unconstitutional.

Commenting on Đukanović's statement, she said that she condemns any pressure on the judiciary, but must say that "all indictments that have not been confirmed before the courts, all cases that ended in acquittals due to evidence that was not valid, or was not validly obtained, or due to established factual the situation that someone did not commit the criminal offense he was charged with, and was in custody, led to the state paying enormous compensations".

"From those cases, we paid a much larger amount than in the Limenka case...And I do not consider such a warning as pressure, as a prosecutor or judge, I would understand it as an indication of a phenomenon, that very often we have cases that start with a big story and media hype and they don't end in a conviction. That's not good for the state, nor for the financial system, nor for the rule of law," Đuranović said.

She also said that the procedure for her dismissal is before the court and she expects a decision on August 1.

She said that in the decision on her dismissal the qualifications were presented in a rather insulting manner and without any procedure for determining her responsibility.