The Albanian Forum (AF) expresses displeasure and does not support ad-hoc procedures that have the contours of violating the highest legal act and that threaten the Euro agenda of Montenegro, it was announced today from the Parliamentary Club of the AF.
"Such actions may bring short-term political benefit to someone, but in the long-term they cannot bring good to Montenegro - not one of its people, not one political party, not one citizen. As has been the practice until now, judges and the president of the Constitutional Court due to the acquisition of age requirements for retirement, the position ends by force of the Labor Law, not the PIO Law, we believe that such a principle should have been applied in this case, as it was when it came to former judge Milorad Gogić Last night's Committee session lacked principles on both sides, because even those who were against the method of retiring Gogić, were now in favor of implementing it," the statement of the AF Parliamentary Club points out.
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They added that "the application of double yards, especially at this moment, is not a good message and is not something that implies stability among the citizens of Montenegro."
"For this reason, we in the Albanian Forum considered it a better solution to elect the seventh judge before these proceedings, so that the Constitutional Court could function stably, and that tensions in the parliament and the public would not rise unnecessarily. But now we are where we are, that's why we appeal and call on the Parliament and all political actors to contribute to resolving the situation surrounding the Constitutional Court, which in the past was of crucial importance to stop the integration process is not, nor will it participate in procedures that can threaten the constitutional order of Montenegro or distance us from the European path," reads the announcement of the AF Parliamentary Club.
After yesterday's smoke bomb was thrown at the session of the Constitutional Committee and after the incidents in the plenary hall, last night the parliament noted the termination of the position of Dragana Đuranović, who was elected as a judge of the Constitutional Court in February 2023.
This left five judges in the Constitutional Court, out of a total of seven that should have been there, because Judge Milorad Gogić retired in May.
Despite the throwing of a smoke bomb, the session of the Constitutional Committee ended and conclusions were adopted. The board, among other things, also decided to advertise for the election of two judges (successors to Gogić and Đuranović).
If the head of state Jakov Milatović agrees with yesterday's position of the ruling majority from the parliamentary Constitutional Committee, that the judges of the Constitutional Court Desanka Lopičić and Budimir Šćepanović have acquired the conditions for retirement, that institution will be blocked until the election of new constitutional judges.
According to the Constitution (Article 151), the Constitutional Court decides by a majority vote of all judges, which means that at least four of them (out of a total of seven) must be in office. In the highest legal act (Article 39) it is also written that this court decides on issues within its jurisdiction at a session of all judges, as well as at a session of a panel composed of three judges.
If a blockade were to occur in the Constitutional Court, the situation from the period September 2022 - the end of February 2023 would be repeated, when that court did not have a quorum for decision-making, because it was with three judges, that is, without four.
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