The leaders of most opposition parties today called on Prime Minister Milojko Spajić to take all necessary institutional steps to fully implement the opinion of the Venice Commission, in the manner and within the deadlines defined in the agreement signed with the opposition.
The letter to the Prime Minister, signed by the President of the Democratic Party of Socialists (DPS) Danijel Živković, one of the leaders of the European Alliance Damir Šehović, and the President of the Croatian Civic Initiative (HGI) Adrijan Vuksanović, recalls Article 1, paragraph 3 of the Agreement on Resolving the Political Crisis of March 15 this year.
It stipulates that the parties "agree to take all necessary steps towards the full implementation of the Venice Commission's opinion as soon as possible, and no later than 15 days after its delivery."
The Venice Commission, in its opinion on the case of former Constitutional Court judge Dragana Đuranović, stated that the Montenegrin Parliament should have followed the procedure that requires formal notification of the Constitutional Court about the conditions for the termination of judicial office.
The parliament, based on the conclusion of the Constitutional Committee, declared Dragana Đuranović's office terminated at the end of last year because she had reached the retirement age in accordance with the Pension and Disability Insurance Act (PIO). As a result, the opposition left the parliament and blocked the Electoral Legislation Reform Committee. After some of these parties signed an Agreement on resolving the political crisis with Prime Minister Milojko Spajić (Europe Now Movement) on 15 March, the opposition returned to the parliamentary benches, and a request was sent to the Venice Commission for an opinion on the disputed case. Until recently, the majority position in the Constitutional Court was that its judges should retire according to the Labour Act, and not according to the PIO Act, like judges of other courts.
"Since all signatories to the Agreement are in possession of the opinion of the Venice Commission, we believe that all prerequisites have been met for its full implementation in accordance with the commitments undertaken," the opposition leaders stated.
In the opinion in question, as they recall, the Venice Commission stated, among other things, "even if the applicability of the Labor Law was not unambiguously and explicitly established, the procedure prescribed by the Law on the Constitutional Court, which requires formal notification by the Constitutional Court, had to be respected by the Parliament."
"Based on this, it indisputably follows that the parliament acted contrary to the procedure clearly prescribed by the Law on the Constitutional Court, which brought into question the legal certainty and institutional integrity of the Constitutional Court." The letter stated.
Given that, as it is added, this is a constitutional and legal issue of particular importance for the functioning of institutions, it is important that all signatories to the Agreement consistently respect the obligations they have undertaken.
"Therefore, as a signatory to the Agreement and the Prime Minister, we call on you, without further delay, to take all necessary institutional steps to fully implement the opinion of the Venice Commission, in the manner and within the deadlines defined by the Agreement. Given the constitutional and legal importance of this issue, we expect the implementation of the opinion to be carried out as soon as possible, with full respect for the principles of the rule of law and inter-institutional trust, in order to avoid further political and legal consequences," said Živković, Šehović and Vuksanović.
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