It was thrown at the session of the Constitutional Committee of the Parliament of Montenegro tiny bomb.
This followed after the vice-president of the Committee and deputy of the Democratic Party of Socialists (DPS) Nermin Abdić said that he and his colleagues would not allow the session to continue.
Video: News
Despite the throwing of a smoke bomb, the session continued and conclusions were adopted to publish an advertisement for the election of two judges of the Constitutional Court (US) elected by the Assembly, and to talk to the President of Montenegro, Jakov Milatović, so that he publishes an advertisement for the election of two more judges US for which he is responsible.
It is not known who activated the smoke bomb, and the video shows that the smoke started coming out in the part of the hall where part of the DPS deputies are sitting. At one point, the deputy of that party, Abaz Dizdarević, picked up a lit smoke bomb and placed it on the table.
Video: News
On the agenda of the session was "consideration of issues related to the announcement of a public call for the election of judges of the Constitutional Court of Montenegro".
Flow of discussion
The President of the Constitutional Committee of the Parliament of Montenegro, Jelena Božović, said that based on the response of the President of the Constitutional Court, that is, the data she sent, it can be concluded that three judges have acquired the condition for retirement.
"Therefore, their function ends on the basis of the Constitution," said Božović at the session of the Constitutional Committee.
Božović said at the session that the Constitutional Court is already blocked because they could not make decisions with six judges.
She proposed to invite two judges and talk to the president to invite two more.
A large number of representatives of the Democratic Party of Socialists (DPS) also entered the red hall of the Assembly, who as interested members of parliament have the right to follow the session.
DPS deputy and member of the Committee Aleksandra Vuković Kuč said that the president of the Constitutional Court is not the Constitutional Court and said that she will not allow them to do what they have in mind.
In response to the opposition's statement that the Constitutional Court did not send a notification about the termination of the judges' mandate, Jelena Nedović, Member of Parliament for the Europe Now Movement (PES) said that the judges, by overvoting, decided not to notify the proposers (the Assembly and the President) that the mandate of three more judges was ending.
Vuković Kuč pointed out that the occurrence of reasons for termination of office and dismissal is determined by the Constitutional Court at its session and it informs the Assembly about it, but that did not happen.
"Montenegro is not a truncated state and will not have a truncated Constitutional Court," she pointed out.
Božović replied that the judges of the Constitutional Court automatically acquired the condition for retirement.
Nedović said that it does not necessarily mean that they have one opinion, and the DPS MPs have another, but that democracy is "the rule of the majority".
When it comes to judges, she pointed out that the Law on PIO applies to them, not the Labor Law.
"As far as (Milorad) Gogić is concerned, a precedent has been set, but we cannot make a right out of a wrong," she pointed out.
Nedović added that the PIO law is the only one that can define retirement.
Nedović pointed out that the judges themselves decided not to notify the Board that the conditions for retirement had been met, and that it was an emergency situation.
Citizens' Movement MP (GP) URA Filip Adžić pointed out that "the occupiers behaved better towards the institutions of Montenegro".
He noted that PES MP Darko Dragović, who is a lawyer, is not here today because he is "ashamed of the proposal".
Nedović said that she is a lawyer, to which Adžić replied "but a bad one", and that she "can't read".
Bosniak Party (BS) MP Admir Adrović pointed out that it is necessary to elect a seventh judge.
Member of the Democratic Union of Albanians (DUA) Mehmed Zenka said that nowhere was a decision made not to inform the Constitutional Committee that three judges had acquired the condition for old-age pension.
"One committee places itself above the court. Tomorrow, the army will decide to stage a coup, as well as other institutions, when we step on the Constitutional Court," he emphasized.
Democratic Montenegro MP Duško Stjepović said that "law is not read, but interpreted", and that it is impossible for 81 MPs to be lawyers.
"Our judges are not elected for life, but their mandate expires when the conditions for retirement are met," he announced.
As a result of the noise that arose at the debate itself, Božović said that, if it continued, she would be forced to stop the discussion and ask the deputies to declare themselves.
DPS Member of Parliament Sonja Milatović assessed that according to the Labor Act, someone must retire when they meet the conditions prescribed by that act.
"In relation to judges of the Constitutional Court, we cannot apply double standards. We cannot apply the Labor Law in relation to Milorad Gogić, and in relation to others the Law on PIO. This is discrimination," she pointed out.
PES MP Vasilije Čarapić said that according to Article 154 of the Constitution, the president and judge of the Constitutional Court terminates his office before the end of the term if he himself requests it, if he is sentenced to prison or if he becomes eligible for an old-age pension.
He added that they have no problem with correcting the legal text if the judges believe that the limit should be higher.
Čarapić said that the Constitutional Court initiated the termination of the PIO norm.
"It is indisputable that the Labor Law is not applied, that the judges acquired the condition for retirement and that, when it was necessary to state, they should have stated it to themselves. Everything remained immoral. Our constitutional order is defended by people who are not moral. People who , when it comes to their rights, they decide to block the Constitution - what they are obliged to protect," he said, after which there was a commotion in the room.
He added that they are defending the real coup on the uniform, which is that someone will not confirm the termination of his office, and that in this way the judges make a political decision.
Mialtović said that there is no answer as to why the Labor Law is applied to one judge, and the PIO Law to another.
Božović agreed that 130 judges retired under the PIO Act, and that the judges should have reacted on time.
"They should have acted for all those judges who retired under the PIO Act," she announced.
Adžić said that it is not important which law is applied, but what is important is the procedure that is not followed.
"You are giving yourself the right to state something that you cannot state based on the document. It is like stating someone's death in this committee," he pointed out.
He added that the ruling majority had a constructive partner in the opposition.
"If it wasn't your goal to decapitate the Constitutional Court, you would have chosen a candidate whom you all agree is good. But what was the problem? What was the candidate's opinion that you cannot overthrow institutions without a two-thirds majority in the referendum and all those enrolled. That's why you are in a hurry to remove these people who respect the Constitution and Montenegro," he said.
DPS MP Andrija Nikolić pointed out that the constitutional amendment is in force, behind which is hidden the intention to block the political system and to suspend the electoral processes.
"When the chairman of the committee warned me if I was threatening, my answer was that you are threatening to behead Montenegro. Because if there is no Constitutional Court, what can we talk about? The laws are not valid," he pointed out.
As he added, judges have been retiring for six decades in accordance with the Labor Law.
"We know where this is dictated from. When we passed the IBAR laws, immediately after that the Resolution on Jasenovac was pushed into the Assembly and led to the blocking of one chapter. Now, after the adoption of three chapters, a constitutional coup is underway. You take responsibility for what will happen if you agree." , said Nikolić to PES.
"And this dirty action is taking place because the parliamentary majority proposed changes to the PIO Act a year ago, in order to extend the mandate of the then president of the Constitutional Court, Gogić. So you withdrew it and agreed to the interpretation that judges are retired according to the Labor Law. You initialed it. The basic legal principle is to treat the same matter equally. One legal principle cannot apply to Gogić, and another to the others," said Nikolić.
Božović read the conclusions on which the Board should make a statement.
Nikolić pointed out that the authority of the Constitutional Committee is to advertise for judges of the Constitutional Court, and to act according to the notification of the Constitutional Court.
PES MP Boris Pejovć stated that no one is interested in blocking the Constitutional Court or any institution.
Nikolić replied that it is true that a judge acquires the conditions for termination of office in six months, but that it should be known what the procedures are.
"What this committee can possibly do, if we agree on it as a majority, is to invite the Constitutional Court to hold a session and to inform us about the judges regarding the condition for the termination of the function. That is the alphabet of actions, if we want to act in accordance Therefore, the Constitutional Court should inform the Constitutional Committee which of the judges is eligible for termination of office and retirement, and we know it is Mr. (Budimir) according to the Labor Law. Šćepanović. When the Constitutional Court does that, and informs this committee, then the committee is obliged by the Constitution and the law to publish an advertisement to fill a position in the Constitutional Court, just as it was obliged to do it for the seventh judge, which he did not do. .
MP Boris Mugoša of the Social Democrats (SD) stated that the Constitutional Committee should not determine whether the Law on PIO or the Labor Law is applied, and that today the focus should be on whether the Constitutional Committee can determine the termination of the function of a judge of the Constitutional Court without notification from the court itself.
He added that he agrees that the Constitutional Court should be addressed, and that "they must be slaves to the law."
"The fact that I don't like the Constitution or the law - you can change it. You have two thirds. Make a fist and change Article 154 and then we can talk about these things," said Mugoša.
Čarapić pointed out that "what the judges are doing threatens the legal order", and that the mechanism they propose brings a solution.
DPS MP Jevto Eraković said that all the representatives of the opposition came to the session of the Constitutional Committee because they are "defending the state".
"The largest judicial institution is the Constitutional Court. If something is unclear to any individual or institution in this country, it is ultimately resolved by the Constitutional Court. Today, someone has decided to be smarter than that court and take over the role of the Constitutional Court. This would mean, as what colleague Zenka said, that a group of soldiers decides to take over the role of the General Staff," he said and added that such an intention would have irreconcilable consequences.
Eraković called on the Supreme State Prosecutor Milorad Marković and the Special State Prosecutor Vladimir Novović to consider whether this is a "dangerous step in the collapse of the national security of Montenegro".
"Your argument that 130 judges will refer to that decision - well, they already have the right because that's how you retired judge Gogić. That's why 130 judges have the right to request compensation," he pointed out.
Socialist People's Party (SNP) deputy Slađana Kaluđerović asked "where were the defenders of the Constitution when Filip Vujanović became the president of the country for the third time, and Vesna Medenica of the Supreme Court".
The Constitutional Court was left without one judge at the end of May, when Milorad Gogić retired.
At its session on July 30 of this year, the Constitutional Committee did not choose Gogić's successor, because none of the six registered candidates, in the procedure that lasted since February, received the necessary majority for the Constitutional Committee to propose him to the Assembly, which elects the judges of the Constitutional Court.
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