The Constitutional Committee continued the hearings of candidates for judges of the Constitutional Court today.
In the fifth continuation of the session, candidates Sanja Maslenjak, Jelena Ružičić and Momirka Tešić will be heard.
The president of the Constitutional Committee, Simonida Kordić, said that representatives of the embassies of Germany, Norway, Italy and Spain showed interest in attending the session of that body.
Candidate Sanja Maslenjak said that her task is to contribute to the selection of judges of the Constitutional Court being very inclusive, that the judge is chosen based on results, credibility and integrity.
Maslenjak: The Institute of the President has a stronger power than the Prime Minister in the political system
Maslenjak is an advisor in the Ministry of Public Administration and previously applied for competitions for judges of the Constitutional Court.
Dragan Bojović (DF) asked Maslenjak whether the president, whoever he is, can not give a mandate to someone and block the possibility of forming a government.
Maslenjak replied that in this part there was a crisis regarding the interpretation of the Constitution and constitutional powers.
"The powers of the president are not understood in their full capacity, that the institution of the president has a stronger power than the Prime Minister in the political system. This political power is given to him by the citizens directly in the elections and that power is on the same level as the power of the legislative body - the Assembly," she said.
She added that the president cannot only have a protocol function, and even if he does, he is obliged to carry out the control function and the administrative function and make decisions.
"When it comes to granting a mandate, the president has discretionary authority. This is not an arbitrary authority, but means procedural actions that have a flow, to take evidence...", stated Maslenjak.
Bojović said that the current president of the country is not his boss.
"Obviously there has been some confusion here, we do not live in a presidential system but in a system of parliamentary democracy, where the parliament and the government play a dominant role. Of course, the president also has certain protocol duties, a certain cohabitation is required, but it is very important that in that cohabitation does not block the system," said Bojović.
Maslenjak said at an earlier hearing that she had a DPS membership card.
Jovanka Bogavac (PzP) asked Maslenjak whether, if she were in the commission for the admission of advisers to the Constitutional Court, one of the more important criteria would be the grade point average during her studies.
Bogavac said that many of the candidates they interview have a low average.
"It is unacceptable that someone with an average below 7 is considered for the Constitutional Court judgeship, regardless of his career, it is a bad message to students," Bogavac believes.
Maslenjak replied that she would choose candidates based on their knowledge and results during their careers, as well as international awards.
"There is a very small difference in sensibility between a ten and a six. These are nuances. That measure of knowledge that we acquire at the University, if we do not further research and improve our knowledge, means nothing to us, because forgetting is a natural process," said Maslenjak.
Dragan Ivanović (SNP) reminded that Maslenjak is one of the signatories of the initiative for the review of the constitutionality of the Basic Agreement with the Serbian Orthodox Church (SPC) and asked how she would deal with that issue if she was elected a judge of the Constitutional Court.
Maslenjak said that the identity issue is the main problem, so citizens have conflicting opinions about the submitted initiative.
"When everything was happening around the Basic Treaty, I wanted to know what was happening in our country... The problem of the church issue creates a problem among citizens because some consider themselves Serbs, others Montenegrins. I respect... When Montenegro gained independence it was it is necessary to form one church," said Maslenjak.
She said that the Constitutional Court will make a decision based on the facts and that, if she is a judge, she will give her contribution because "it hurts her so much that the citizens of Montenegro are divided on the issue of religious rights".
Answering the question of Momo Koprivica (Democrat), Maslenjak said that she does not need a membership card because she comes here as a professional and responsible official.
"To my great pleasure, I can tell you that I have been a member of DPS since 2004, and I will never give up on my principles. Those principles are the European way, the rule of law...", stated Maslenjak.
She added that no one from the party is influencing her to investigate corruption, citing the example of the French fund, where mothers are harmed because they do not receive a personal maternity pension.
"Well, let them determine where the money from the French budget goes and who diverts it in this part that refers to the fund," said Maslenjak.
She added that party membership is not an eliminatory condition for candidates for judges of the Constitutional Court.
Ružičić: Misogynistic attacks must not happen, we must devote ourselves to developing awareness in society
Candidate Jelena Ružičić said that misogynistic attacks should not happen and that we should devote ourselves to developing awareness in society.
Ružičić is a judge of the Administrative Court and was one of the four candidates in the last competition that the Constitutional Committee proposed to the Assembly.
She explained that the right to freedom of expression is guaranteed by the Constitution, the European Convention, but also by many other international treaties and declarations on human rights, but it can be limited by the other's right to dignity, respect and honor.
"Always, when it comes to the freedom of expression of the media, which have greater freedom of expression, those two rights are always in conflict... In relation to insults from social networks against women, such behavior is already sanctioned by the law on public order and peace, I think that it is intended as a misdemeanor, but I did not deal with either criminal or misdemeanor proceedings, but I support the project you mentioned against online violence for the protection of women," Ružičić said in response to Vesna Pavićević's (DPS) question whether the laws should be amended and attacks qualified and insults via social networks as a misdemeanor or criminal offense.
Ružičić believes that femicide should be treated as a separate criminal offense, that is, the Criminal Code should be amended after a detailed analysis.
British Ambassador Karen Maddox is attending the hearing.
Answering the question of Jovanka Bogavac (PzP) about the system of evaluating judges, Ružičić said that the Law on Judicial Council is not a good solution, because the evaluation criteria include round tables, seminars, etc., so that judges who are dedicated to their work, they have a lot of subjects, they don't really have the opportunity to attend a large number of seminars, sometimes they can't get an excellent grade.
"I know judges who are excellent in terms of quality, quantity, a small percentage of annulled decisions, who did not receive an excellent rating due to the previous criterion. It is a bad solution, but changes to that regulation are underway and I hope that something will change there as well. Criterion number one should be the quality of the work, and it depends on the number of confirmed and canceled decisions, the very content of the decisions, the arguments in the explanation," said Ružičić.
She added that promptness and efficiency should be especially appreciated.
Ružičić said that the Constitution should be defended in all institutions, not only in the Parliament.
"The Constitution, as an umbrella act, obliges everyone to whom it relates to behave in accordance with the Constitution," Ružičić said in response to the question of Suada Zoronjić (GP URA) whether the Constitution is defended in the Assembly or outside it.
Zoronjić said that the candidate thereby confirmed her claim that the Constitution must be defended in the institutions and that the deputies who were outside the Assembly on the day when the four judges of the Constitutional Court were elected, had voted today, Montenegro would have a functional Constitutional Court.
Jovanka Laličić (DPS) reacted, saying that her party will not work according to the "take it or leave it" system, but is in favor of agreement and compromise, and that Zoronjić has given herself the right to call out DPS that they are to blame, and 18 times she has abstained (at the session of the Constitutional Committee).
Ružičić, answering the question of Momo Koprivica (Democrat), whether the constitutional system is in crisis, said that it is, and one of the reasons is primarily the blockade of the Constitutional Court, as well as the current state of institutions.
"We also have institutions in a state of disrepair, and from that aspect I believe that the constitutionality of Montenegro has been violated. However, I believe that we are lucky to be a small community and that everything could be put in order in a relatively short period of time. The steps are big. , the responsibility is great, but in a certain period of time everything that is now in conflict with the Constitution can be brought to work, I mean the institutions," said Ružičić.
In response to Jovanka Laličić's questions regarding the retirement of a certain number of female judges, she said that she had submitted an initiative to the Constitutional Court to review the constitutionality of the provisions of the Pension and Disability Insurance Act, which set age as one of the conditions for exercising the right to an old-age pension, which is different for men and women, i.e. it is 66 for men and 64 for women.
She added that, if the Constitutional Court had considered the initiative and made a decision, this issue would have been clarified and there would not have been a disputed situation regarding the retirement of a number of female judges.
He believes that Article 17 of the Law on PIO cannot be applied in a way that discriminates against an entire group only on the basis of gender and only because they are women.
"For a woman to end her position at the age of 64, two years is not a small period compared to her male colleagues, it is contrary to the general principles of the Constitution," said Ružičić.
Tešić: The laws should be changed so that people under the age of 18 cannot get married
Candidate Momirka Tešić believes that the laws should be changed so that only persons who have reached the age of 18 can enter into marriage.
"Marriage at the age of 16, up to 18, is too early, but the law also foresees that possibility, exceptionally and the marriage is concluded on the basis of the judge's decision that it is possible," said Tešić, answering Vesna Pavićević's questions regarding the protection of rights children and the problem of arranged marriages.
Tešić is a judge of the Basic Court in Kotor and she previously applied for the competition for judges of the Constitutional Court.
Answering Jovanka Laličić's question, she said that judges of the Constitutional Court should have passed the bar exam.
Milun Zogović (DF) asked Tešić whether he thinks it is necessary to criminalize the illegal enrichment of public officials, that is, to introduce it into the Criminal Code as a criminal offense.
She replied that she would have no objection to prescribing that criminal act.
"All these years, I have worked honorably and honestly, and apart from my bare salary, I have not received any compensation. Therefore, let it be sanctioned not only for judges, but for all public officials," said Tešić.
Answering Momo Koprivica's questions, she said that the biggest problem in the judiciary is the complexity and weight of civil cases, which is why judges leave the court and go to lawyers.
"Judges have a large number of cases, and their salaries are low. Judges who, for example, come to Kotor from Podgorica, have to pay for an apartment and are reduced to paying their entire salary for rent," said Tešić.
She also said that no constitutional appeal was filed against any of her judgments.
The Constitutional Committee will continue hearing candidates tomorrow. The MPs' questions will be answered by Edmond Ujkaj, Azra Cama and Maja Šćepanović.
At the end of the session, Kordić informed the Board about the death of Asim Dizdarević and expressed her condolences to the family on her behalf and on behalf of the members of the Board.
She said that the next two days of hearings will start at 14 pm, so that the MPs can go to Bijelo Polje to pay their respects.
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