Minister of Justice Bojan Božović said that the draft opinion of the Venice Commission, which he will discuss at the plenary session today, does not deal with an individual case, but rather provides recommendations aimed at overcoming long-standing and harmful uneven practices, and that it represents an important contribution to the legal stability and institutional integrity of Montenegro.
"We believe, like the Venice Commission, that it is an absolute priority to clearly and unambiguously define the retirement age of judges in the Law on the Constitutional Court, which will eliminate the source of all previous disputes and legal confusion. In addition, expanding the rules on conflict of interest, especially in the context of deciding on the personal status of judges, will be crucial for maintaining trust in the independence and ethical work of the Constitutional Court," Božović wrote on Facebook.
He said that the draft opinion of the Supreme Court confirms "what we have been pointing out for years" — that legal inconsistencies and the lack of clear practice, especially regarding proceedings within the Constitutional Court, have created serious doubts, undermined trust in institutional mechanisms and opened space for political and legal tensions.
The legal system cannot function on assumptions, nor can institutions operate in conditions of normative vagueness, the minister said.
"Recognizing the depth and precision of the Venice Commission's analysis, and ahead of today's session at which I will speak about these issues, I inform the public: that all recommendations from the opinion will be taken into account with the aim of ensuring the smooth, predictable and legally based functioning of the Constitutional Court; that an invitation will be sent to all relevant institutions as soon as possible to delegate members who will participate in the preparation of amendments to the Law on the Constitutional Court; that a public call will be published for the non-governmental sector and the professional public, so that both citizens and the profession will have the opportunity to contribute to solutions," said Božović.
In this regard, as he said, the Ministry of Justice is initiating the formation of a working group composed of representatives of the government, the opposition, and competent institutions, which will work on the full and precise implementation of the recommendations of the Venice Commission.
"This is the moment to show political responsibility, institutional maturity and determination to build a legal order that does not depend on the will of individuals, but on clearly regulated procedures, founded in the Constitution and laws of Montenegro," said Božović.
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