The adoption of a special law regulating the salaries of holders of judicial positions would ensure the independence of the judicial branch of government and guarantee the dignity of the judicial function, announced the Association of Judges.
They emphasized that the independence of the judicial branch of government is the foundation of the rule of law and that the adoption of a special law has a decisive influence on the independence and ensuring the smooth functioning of the judiciary.
The Association of Judges said that the Law on Amendments to the Law on the Judicial Council, which was adopted in June as part of the IBAR set of laws, prescribes the obligation to pass a special law regulating salaries, compensation, other income and rights related to the performance of judicial functions .
As they added, until the adoption of that law, judges exercise the right to earn in accordance with the law regulating the wages of employees in the public sector.
"The obligation to pass a special law regulating the salaries of judicial office holders was also pointed out by the Venice Commission on several occasions, and the Action Plan for the Implementation of the Judicial Reform Strategy, the determination of the Bill regulating the financial position of judicial office holders, is planned by March 31, 2025 .year", stated the Association of Judges.
They pointed out that, in connection with the implementation of the legal obligation - the drafting of a special law regulating the work and salary rights of holders of judicial positions, nothing was done even after a few months of the adoption of the set of IBAR laws.
As they recalled, the Association of Judges turned to the Ministry of Justice, asking it to submit a notification by November 1 whether, in order to comply with the law, it will form a working group to draft the Law on Salaries and Other Remuneration of Judicial Office Holders by December 1.
The Association said that they accepted the invitation of the Ministry of Justice to continue the dialogue and cross-examine arguments, but also that, in their bodies, they have adopted measures regarding the further proceedings of the courts, which they will present to the citizens, if the talks do not yield results.
"The question arises as to why the competent authorities of Montenegro did not proceed with the realization of the legal obligation, that is, the obligation whose fulfillment we promised to our European partners", stated the Association of Judges.
As they added, it was then said that the rights of judges based on work will not be regulated by the Law on Judicial Council and Judges, but by a special law that refers to holders of judicial functions.
"The Association of Judges of Montenegro reiterates once again that it insists on the implementation of the obligation that we have assumed by law, which is preceded by the formation of a working group for the drafting of the Law on salaries, other incomes and rights of holders of judicial positions", the announcement states.
As it is pointed out, this legal solution would properly ensure the independence of the judicial branch of government and guarantee the dignity of the judicial function.
"The obligation to enact a special law was assumed by the adopted amendments to the Law on the Judicial Council and Judges, which is also a recommendation of the Venice Commission," the announcement says.
Adopting a special law would, as it is added, continue the implementation of the Reform Agenda 2024-2027 and ensure the smooth receipt of funds from the Instruments for Reforms and Growth within the European Union (EU) Growth Plan for the Western Balkans.
The Association of Judges emphasized that the European Commission, through the Progress Report for last year, indicated that the version of the law that did not include a provision referring to the adoption of a special law was not sufficient to harmonize the Law with EU legislation and European standards.
"Therefore, they pointed out that there is a clear connection between the integration process and the opinion of the Venice Commission, which makes a clear distinction between judges and civil servants and advocates the adoption of a special law that will regulate the issue," says the announcement of the Association of Judges.
They added that, in the urgent Additional Opinion of the Venice Commission issued on May 6, it was stated that the recommendation concerning the adoption of new (special) legislation regulating the rights of members of the judiciary, can be considered fully fulfilled only when the new legislation enters into force .
"The Association of Judges believes that, given that the functioning of the judiciary is key to maintaining the legal system and protecting the rights of citizens, the adoption of a special law has a decisive impact on the independence of the judicial branch of government, but also to ensure the smooth functioning of the judiciary," the statement said.
As it is added, the passing of a special law also represents the beginning of the reform of the judicial system, a way for the courts to get the necessary professional staff, as well as one of the conditions for receiving funds from the Instruments for Reforms and Growth within the EU Growth Plan for the Western Balkans.
"It is for this reason that the question must once again be asked, who cares about providing all the conditions for the judiciary to be essentially independent, for citizens to receive the justice they deserve, and to prevent any kind of influence on the work of the courts", stated the Association of Judges.
The Association of Judges also pointed out that non-compliance with obligations provided by law, as well as non-fulfillment of obligations undertaken towards European partners, significantly endangers Montenegro's European path, but also distances the country from the community of democratic countries to which it aspires.
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