MP of the Democratic Front and member of the presidency of the Democratic People's Party (DNP) Milun Zogović assessed the attempts to impose the advisory opinion of the Venice Commission as binding as "inappropriate".
Zogović stated in the statement that the legal authority and independence of that body have long been questioned, stating that its members are the "feathers of the DPS", Zoran Pažin and Srđan Darmanović, and the main consultant from Montenegro is Zlatko Vujović.
"Thus, Đukanović's expectations from the Venice Commission become clearer when it comes to the Proposal of the Law on Amendments to the Law on the President of Montenegro, which will be prepared by the mentioned team, as it was done in the previous period," said Zogović.
He adds that the proposal of the Law on Amendments to the Law on the Judicial Council and Judges was adopted by the Government of Montenegro and proposed to the Parliament on June 5, 2018.
"The rapporteurs on behalf of the proposer were Zoran Pažin and Marijana Laković Drašković, who regularly points out violations of the Constitution, today's defender of the Constitution. The government proposed: The President and members of the Judicial Council, whose mandate expires due to the expiration of the term for which they were elected, continue to perform their duties until proclamation of the new Judicial Council. That proposal also extended the mandate of the current president of the Judicial Council, Vesna Simović Zvicer, who was elected as a member of the Judicial Council for a period of four years in June 2014. The mandate expired in 2018, and Mrs. Zvicer served four after the end of his mandate, he is still a member of the Judicial Council, and after the resignation of Mladen Vukčević, he is also the president. With Amendment VIII to the Constitution, we have a new article 127, in the last paragraph of which it is written that the mandate of the Judicial Council is four years. And Vesna Simović Zvicer is in the ninth year of her mandate, which best speaks of the constitutionality of the Proposal for the Law on the Judicial Council and Judges, which was adopted in 2018 by the parliamentary majority led by "constitutional defenders" from the Democratic Party of Socialists".
Zogović also states in the announcement that after the Government proposed the draft Law on the Judicial Council and Judges, that Pažin sends a request to the Venice Commission for an opinion on the legal proposal.
"The Venetians react promptly and give an express opinion on June 22 and 23 at the 115th plenary session of 2018 based on the comments made by Marta Kartabija, deputy member from Italy, and Filip Dimitrov, member from Bulgaria. In point 40, the extension of the members' mandate of the Judicial Council is a solution adopted by some European countries and the Venice Commission recommends it. In point 41, they elaborate on how the Constitution of Montenegro should be violated so that the extension of the mandate would not mean re-election. Member of the Venice Commission Filip Dimitrov gave a statement to the media that "the proposal on the Judicial Council "On June 2018nd, XNUMX, Zoran Pažin informs the public that the Venice Commission, as the largest European authority in the field of Constitutional Law, has given its consent to changes in the Law".
In the press release, the DF deputy also states that on June 26, 2018, the Legislative Committee, under the chairmanship of Marta Šćepanović, assessed that the Draft Law is in accordance with the Constitution and the legal system, and that it should be adopted by urgent procedure in order to enter into force before July 2, when the mandate of the members of the Judicial Council expires.
"The Committee for the Political System, chaired by Željko Aprcović, submits a number of amendments, and Article 139a ("The President and members of the Judicial Council whose mandate expires due to the expiration of the term for which they were elected continue to perform their duties until the announcement of the new composition of the Judicial Council"), directed to the Venice Commission for its opinion. This Committee strikingly changes the mentioned article, about which the Venetians expressed their opinion, so the article reads: "The President and members of the Judicial Council from the ranks of distinguished lawyers, whose mandate expires due to the expiration of the time for which they were elected, continue to perform their duties until the election and the announcement of new members of the Judicial Council from among distinguished lawyers. The performance of duties from paragraph 1 of this article does not represent the re-election of the members of the Judicial Council." And the Board then introduces amendments to Article 139b and Article 139c, which directly encroach on the constitutional competence of the President of Montenegro: If the conditions from Article 139a of this law are fulfilled, the composition of the Judicial Council, which consists of members of the Judicial Council elected by the Conference of Judges and acting members of the Judicial Council from among distinguished lawyers, until the election and announcement of new members of the Judicial Council from among distinguished lawyers, is declared by the President of Montenegro Up'. Article 127 of the Constitution stipulates that the President proclaims the Judicial Council, and with the introduction of Article 139c in the Law on the Judicial Council and Judges, the competences of the President are changed, i.e. elaborated and adjusted to the new situation and needs of the DPS. It is clear that the Venice Commission in 2018 agreed to the violation of the Constitution for the political needs of DPS".
Zopgović assessed that the above indicates that the President of Montenegro Milo Đukanović, guided by that experience, atypically for the position of the President of Montenegro, decided to retroactively request an opinion on the Draft Law on Amendments to the Law on the President of Montenegro, which has already been adopted by the Parliament.
"Believing that he can, as in 2018, use his channels to provide an opinion that suits him politically, regardless of whether it is legally founded. And it would not be the first time that the Venice Commission acts as a political, and not as a legal body The proposal of the Law on Amendments to the Law on the President of Montenegro is in accordance with the Constitution and the legal system of Montenegro. After the President used the suspensive, postponing veto, refusing to issue a decree on the promulgation of the Law, the Assembly is obliged to re- state about the Law, and the President of Montenegro must promulgate the Law because the Constitution leaves him no other option. If the Venice Commission, which usually gives an opinion before the adoption of the law, retroactively and post festum would give a negative opinion, as Đukanović's camp announces, it would confirm its illegal, and has proven its political character. The proposals to withdraw the Law represent ill-intentioned and unfounded political instructions, which aim to find the weak link and, in the process of passing this Law, break the parliamentary majority that has been confirmed many times since August 30, 2020, and enable Đukanović to, in violation of the Constitution, continue with the process of blocking the elections of the Government of Montenegro," concluded Zogović.
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