The Parliamentary Constitutional Committee noted at today's session that Constitutional Court (CC) judge Budimir Šćepanović has met the conditions for retirement.
This proposal was adopted with eight votes "in favor".
Čarapić: We are forced to "scrape" judges from their chairs
Europe Now Movement (PES) MP Vasilije Čarapić said that there is no regular procedure for dismissing judges, and that it is still not known under which law it is determined that a Constitutional Court judge has met the retirement requirements.
Aleksandra Vuković Kuč from the Democratic Party of Socialists (DPS) assessed that "now we are hearing everything that should have been heard in December," alluding to the dispute over the retirement of judge Dragana Đuranović.
"It would be responsible for politicians, and especially lawyers in this committee, to apologize today for defending the Constitutional Committee's actions in the media, which caused one of the deepest parliamentary crises and caused the Assembly to not function. You called the opposition anti-European and destructive. It was a civic and European opposition that wanted to call you to your senses," she pointed out.
She called for a re-reading of the European Commission's non-paper.
Čarapić pointed out that some believe that Judge Šćepanović's term of office is expiring under the Pension and Disability Insurance Law, while others believe that it is expiring under the Labor Law.
"This legal uncertainty leads to the fact that we do not have a regular procedure for removing judges. We do not retire judges, but are forced to 'scrape' them from their seats. Because what has the behavior of the judges of the Constitutional Court turned into? We have had irregular retirements in the past. Šćepanović's mandate was supposed to end in 2024 when he met the requirements for retirement, but only because he and some other judges, guided by their own interests, did not want to accept what is written in the Constitution," he said.
Čarapić pointed out that no lawyer should emulate Šćepanović, Desanka Lopičić, Milorad Gogić...
He assessed that certain compromises slowed down the European path after obtaining IBAR.
Vuković Kuč responded that the government is primarily responsible for the European path, and that for the first time they have a European opposition.
Vuković Kuč: All judges should retire under the same law
Čarapić said that it is necessary to find a solution that will determine the end of the mandate of all judges based on their attainment of the conditions for retirement.
Chairwoman Jelena Božović (New Serbian Democracy - NSD) said that the Venice Commission's opinion on the case of Judge Đuranović would arrive in the next three or four days, and that there was no need to apologize, and that the lawyers who represented the opposition's positions were in the minority.
Vuković Kuč assessed that all judges should retire under the same law, and that it is questionable that some retire one way and others another, and that the board cannot take over the role of the Assembly.
Božović responded that it is problematic that there is no unified position on the board, but that certain judges are abusing their position.
"You refer to the fact that you are a European party, and the smoke bomb activated at the session will be remembered. I believe that this is inappropriate for it to happen in the Parliament, in the committee: Of course, when you talk about stubbornness - it was this parliamentary majority that prevented a further boycott of the Parliament by accepting that the questions be referred to the Venice Commission and you returned to the Parliament, and when the opposition boycotted the Parliament for three or four years, you did nothing to bring it back," she said.
Vuković Kuč responded that they had an "anti-European and anti-NATO" opposition that did not want to return, because it would contribute to integration.
"You, Ms. Božović, have sued me, among others, for what you consider to be a criminal offense," she pointed out, adding that she would never violate the integrity of another MP.
Adžić: The Committee is obliged to respect the announcement from the Constitutional Court session
Civic Movement (GP) MP Filip Adžić said that the committee is obliged to respect "what the US session is and the information it receives from that session."
He added that he does not expect Božović to respect the Constitution, and that her coalition's agenda is "to stop European integration."
Adžić also addressed the situation surrounding the concession of the airport, which he said was decided by "the leaders of the parliamentary majority who have no connection with the executive branch."
Božović responded, telling the GP URA MP that his party formed an alliance with the Democratic Front after the 2020 elections, and that their "downfall" began after cooperating with DPS.
Adžić responded that he does not want the current government to end before 2027, because he wants citizens to see all the consequences.
"In a period when Montenegro had to experience changes after 30 years of DPS rule, we, even though we had four MPs, managed to stop the DF from covering the most important functions in the state, even at a time when citizens had a great desire for revenge and humiliation of institutions, especially those citizens who support you," he said, adding that every DF official remained in position after the formation of the previous government, which was supported by the DPS in the minority.
DPS MP Elvir Zvrko assessed that the Constitutional Committee only has the authority to propose five judges to the Parliament, but not to assess whether someone's mandate has expired.
PES representative Darko Dragović pointed out that he does not know any lawyer who believes that retirement is based on the Labor Law, but rather that this act "prescribes the termination of employment by force of law."
He added that he is against declaring the end of the mandate if it leads to a blockade of the US, but that at the first following session, after the one that the opposition claims is controversial, a call will be made to fill Đuranović's position.
Zvrko pointed out that the ruling majority applied the Labor Law in one case, and the Pension and Disability Insurance Law in the other, but that it was unfortunate that the board took over powers to which it had no right.
Dragović said that it was wrong that Judge Milorad Gogić was appointed under the Labor Law, but at that time that law had the same age limit as the Pension and Disability Insurance Law.
On the proposal to amend the Constitution
The second item that the deputies discussed was the Proposal for Amendments to the Constitution that the Government submitted to the Parliament.
Namely, the proposed change refers to the provisions of Amendments VIII and IX to the Constitution of Montenegro, which regulate the composition of the Judicial Council and the decision-making of the Minister of Justice in proceedings concerning the disciplinary liability of judges.
Božović announced that members of the Judicial Council who are not judges should be elected based on their qualifications.
Čarapić said that they agreed with that proposal, and that Justice Minister Bojan Božović implemented GRECO recommendations when the President of the Supreme Court was being elected by leaving the session.
Vuković Kuč pointed out that this decision will contribute to the depoliticization and professionalization of the judicial system.
Božović stated that this item should be forwarded to the plenum and thus ended the session.
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