The current representative of Montenegro before the European Court of Human Rights, Katarina Peković, who was elected according to the unconstitutional Regulation, will have her mandate terminated, but only after six months and the procedure for selecting a new representative.
This stems from the amendments that the head of the Parliamentary Club of the Europe Now Movement (PES) Vasilije Čarapić submitted to the Bill on the representative of Montenegro before the European Court of Human Rights, which the PES put into the parliamentary procedure in June.
Čarapić said today in the Parliament, during the debate on the Bill on the representative of Montenegro before the European Court of Human Rights, that according to the amendments, the authority to nominate a representative is transferred to the Prime Minister from the Secretary General, which was the original solution.
The amendments also provide that the representative and deputy are elected within six months from the date of entry into force of this law.
"The representative of Montenegro before the European Court of Human Rights continues to work until the election of the representative in accordance with this law," reads one of the four submitted amendments.
This changes Article 18 of the Law, which refers to the Regulation that was declared unconstitutional by the Constitutional Court on June 27, which "Vijesti" wrote about on November 16.
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"Representative of Cme Gora before the European Court of Human Rights elected in accordance with the Regulation on the representative of Montenegro before the European Court of Human Rights (Official Gazette of Montenegro No. 56/06 and 79/06 and Official Gazette No. 4/08, 81/ 08, 28/14, 36/14 and 121/23), continues to work until the end of the mandate for which he was elected", it is written in Article 18 of the Draft Law, to which an amendment was submitted.
The Constitutional Court approved the Decree on the representative, two days after the verdict of the Administrative Court, which found that the Government had illegally dismissed Valentina Pavličić from the position of representative of Montenegro before the European Court of Human Rights.
Čarapić said at the session of the Assembly that "some media tried to extract from a clear situation the sensation that he or his Parliamentary Club want to protect the person who is the current representative, and the Decree was repealed by the Constitutional Court".
"We put the Proposal in the parliamentary procedure before the Constitutional Court acted, because we considered the Regulation to be constitutional. We didn't want to protect anyone or deal with anyone, specifically Valentina Pavličić, who has now become the president of the Supreme Court. "It is a completely bizarre construction that we had something against her, since she is the person who holds the highest position in the judicial system," said Čarapić.
He stated that with the amendment action, after the Constitutional Court repealed the Regulation, they decided to grant a transitional period during which a public call for the election of a new representative will be announced.
"I deny those malicious and tendentious and absolutely unnecessary media sensations, our sole goal is the protection of our legal system and the strengthening of the system's institutions," claims Čarapić.
URA Civic Movement MP Filip Adžić suggested that "inducing MPs to propose harmful laws or nonsense laws" be introduced as a criminal offence.
"We have a situation where individual deputies very often propose bad or harmful legal solutions for the state, which are later withdrawn or their voting is postponed," Adžić said.
Čarapić then called on the Vice-President of the Assembly, Mirsad Nurković, to stand up for the basic duty of deputies to propose laws that the rest of the parliament votes on.
"The next time you hear a call for a constitutional coup to prevent MPs from proposing laws, you should react as required by the Rules of Procedure and the Constitution," Čarapić said.
Nurković, who is presiding over the session, said that he heard a proposal from Adzić that goes beyond the framework of parliamentarism.
"The other deputies are the ones who make the final judgment, and the law will prove positive and negative in practice," he said.
Sonja Milatović (DPS) asked why the role of the Minister of Justice, who until now proposed the representative, was abolished in the process of appointing a representative.
"The election of a new deputy based on an unconstitutional decree is unconstitutional, and the original text stipulated that her mandate would last based on such an unconstitutional decree...Five months later, the proponent submits an amendment defining that the unconstitutional mandate will last until the election of a new representative." "All this shows only one thing - that this is a country where legal gymnastics are performed when and to whom from the ruling majority answers," said Milatović.
He reminds that in the initial text that reached the parliamentary procedure on June 27, the proposer refers to the decree that he publicly claimed was unconstitutional.
"Imagine, you know something is unconstitutional and you write a law and refer to that unconstitutional document without having, as you claim, any ulterior motives. But this is not the first time that laws have been proposed in such a sloppy manner, remember the situation of the law with the aim of preserving the former president of the Constitutional Court, then the Law on State Property, etc.," stated Milatović.
According to her, every time the government consciously wanted to avoid a public debate, it pushed these laws through deputies.
"So much for transparency, which the Government talks about all the time. I call for an end to the legal stunts during the adoption of the law, to stop the obvious abuse of the prosecution for political purposes, the selectiveness that is gaining momentum..." said Milatović.
Čarapić replied that there is a position of both the Supreme Court and the Constitutional Court that even if the decree or act on the appointment is repealed, that appointment remains in effect until a new appointment is made.
"That is our legal system and in that context there was a reference to that regulation in the law," he said.
Ana Novaković Đurović (URA) said that what the proponent of the law is doing has been confirmed in the media.
"The only acceptance of the error and correction of the error was for the Government to cancel the regulation and dismiss Peković, and to appoint a new representative based on the new regulation. You are not doing that, but you are legally saying that her mandate will last another six months after this law enters into force. You are legally confirming with the law what the Constitutional Court has deemed unconstitutional," said Đurović.
Aleksandra Vuković Kuč (DPS) said that "after yesterday's awarding of the award, she has a deep conviction that political calculation will lead to this and that some future judges of the Constitutional Court will not be experts, but suitable for this type of government".
"After yesterday's event, when the former president of the Constitutional Court, because of which we also had legal stunts and proposals to extend his mandate, was awarded an order because of his attitude towards the Law on Freedom of Religion, which showed that he was not independent and that he was not there as a judge who is a legal expert rather than a political expert", stated Vuković Kuč.
After that, Darko Dragović (PES) said that this lamentation of the DPS MP "over the cursed fate of Beran" is interesting.
"When I look to the right and see the representatives of the DPS, I can conclude that from Zaton to Mehovo karst, from Kolašin to Konjuh, they do not have a single representative from that area. There are none from Beran, Vasojević, Limska dolina, and this is a measure of the DPS's care towards Beran, Vasojević and the people who live in the north... The only question is who is ashamed of whom here - whether the DPS of its staff in Beran or the Beran of the DPS ", Dragović said, to which the DPS reacted violently, saying that counting by cities and blood cells is not the way to the EU.
"It's the first and last time that someone counts here who is from the north," confirmed Aleksandra Despotović from DPS.
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