Opposition: We will provide an organized response if there is an illegal retirement of judges of the Constitutional Court

Illegal retirement of judges of the Constitutional Court would cause institutional chaos and serious political consequences, writes the letter of the opposition to the Quinta ambassadors.

They said that if the parliamentary majority, contrary to the Constitution and laws of Montenegro, makes a decision on the retirement of three judges of the Constitutional Court, they will be forced to provide an organized response to it - in the institutions and outside them.

Quinta is an unofficial decision-making group consisting of the United States of America, Italy, Germany, the United Kingdom and France, and the letter of opposition to the ambassadors is signed by: President of the Democratic Party of Socialists (DPS) Danijel Živković, President of the Citizens' Movement URA Dritan Abazović, leader of the Social Democrats Damir Šehović, head of the Croatian Citizens' Initiative Adrijan Vuksanović and independent MP Jevrosima Pejović.

"With a strong sense of concern, we are addressing you regarding the intention of the representatives of the ruling majority to convene a session of the Constitutional Committee and, contrary to the current legal provisions, to retire three judges of the Constitutional Court," reads the letter sent to the media by the DPS.

They remind that the Constitution of Montenegro stipulates that the position of a judge of the Constitutional Court ends when he fulfills the conditions for retirement.

"The position of the Constitutional Court from August 30.08.2024, 66 reads that, in this case, the provisions of the Labor Law apply, not the Law on Pension and Disability Insurance (PIO). The Labor Law stipulates that an employee's employment is terminated by force of law when he completes 15 years of age and at least 18 years of insurance experience, bearing in mind that the three mentioned judges were born on December 12, 1959 (Judge Dragana). Đuranović), 23.01.1961/31/05 (judge Desanka Lopičić) and 1959/XNUMX/XNUMX (judge Budimir Šćepanović), it is clear that the conditions prescribed by law for their retirement have not been met", the opposition points out.

They say that the procedural requirements regarding the termination of the function of a judge of the Constitutional Court have not been met either. "Article 154, paragraph 3 of the Constitution of Montenegro reads - 'the occurrence of reasons for the termination of office or dismissal shall be determined by the Constitutional Court at its session and shall inform the Assembly thereof'. The Constitutional Court has not held a session on that occasion to date", they remind.

If, regardless of the above, the Constitutional Committee makes a decision on the retirement of three judges of the Constitutional Court, it would result in the blocking of the functioning of the Constitutional Court and the paralysis of the election process, say the representatives of the opposition.

They invited the Quinte ambassadors to urge the representatives of the ruling majority, until the beginning of the session of the Constitutional Committee, with the aim of "avoiding the creation of institutional chaos and preventing serious political consequences that may occur".

"We remind you that, in the past period, the parliamentary opposition made a full contribution so that Montenegro would fulfill the historic goal of full membership in the EU. If, on the other hand, the parliamentary majority, contrary to the Constitution and laws of Montenegro, makes a decision on the retirement of three judges of the Constitutional Court, we will forced to provide an organized response to this in the institutions and outside them," he wrote in the letter to the ambassadors.