The procedure for electing the missing Constitutional Court judges in the Parliament has been suspended again as the outcome of the meeting between the parliamentary majority and the opposition with the head of the EU Delegation, Johan Sattler, is awaited, which is expected next week, "Vijesti" has learned.
According to unofficial information, the topic of the meeting is the implementation of the Opinion of the Venice Commission regarding the termination of the function of Constitutional Court judge Dragana Đuranović due to her attaining the conditions for retirement, in accordance with the Law on Pension and Disability Insurance.
The EU Delegation unofficially told "Vijesti" that Sattler "will be involved in discussions with representatives of the government and the opposition regarding the implementation of the Venice Commission Opinion."
A source for "Vijesti" from the parliamentary opposition said that the meeting with Sattler was supposed to take place this week, but was postponed. Because of this, he added, the session of the Constitutional Committee, which was supposed to determine the list of candidates for judges of the Constitutional Court yesterday, was also postponed.
He said that the opposition insists on the implementation of the Agreement signed with Prime Minister Milojko Spajić (Europe Now Movement), which states that the opinion of the Venice Commission will be respected, "which clearly indicated that the procedure was not followed in the Đuranović case."
At the end of last year, the parliament, based on the conclusion of the Constitutional Committee, declared Dragana Đuranović's office to have ceased because she had reached the retirement age in accordance with the Law on Pension and Disability Insurance, while the office of judges of the Constitutional Court was terminated in accordance with the Labor Law. In protest, the opposition left the parliament and blocked the Electoral Legislation Reform Committee. After part of the opposition, with the mediation of Satler, signed an agreement with Spajić on March 15 to resolve the political crisis, the opposition returned to the parliamentary benches, and a request was sent to the Venice Commission for an opinion on the disputed case.
Sattler subsequently said repeatedly that he expected the government and the opposition to consistently implement the signed Agreement, "in the interest of Montenegro's European future."
The Agreement states that the parties agree to take all necessary steps to fully implement the Venice Commission's opinion as soon as possible, and no later than 15 days after its delivery. The deadline for implementing the opinion, which is interpreted differently by the government and the opposition, has expired, as it was delivered in mid-June.
The Opinion pointed out that the Montenegrin Parliament should have followed the procedure requiring formal notification to the Constitutional Court of the conditions for the termination of Đuranović's judicial function. They emphasized that it was not within their jurisdiction to interpret national constitutional norms and disputed provisions of domestic legislation, nor the constitutionality of specific actions taken by the Parliament and the Constitutional Court.
In order to avoid situations similar to the Đuranović case, the Venice Commission recommended considering several proposals: adopting a clear legal framework that explicitly regulates the retirement age of Constitutional Court judges; introducing a simplified automatic mechanism for notification of the fulfillment of the conditions for the retirement of Constitutional Court judges; adopting a provision that allows a judge to continue performing his duties until a new judge takes office, in order to avoid situations in which judicial positions are unfilled; considering expanding the provisions on the disqualification of Constitutional Court judges in cases of conflict of interest, while fully respecting procedural guarantees and preserving the functionality of the Constitutional Court.
The authorities then assessed that the Venice Commission's opinion did not address an individual case, but rather provided recommendations aimed at overcoming long-standing and harmful uneven practices.
On June 14, Minister of Justice Bojan Božović announced 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 "Venetians".
The opposition pointed out that the Venice Commission announced what was expected - that the parliamentary majority violated the Constitution when it determined the termination of Đuranović's office without informing the Constitutional Court.
Satler discussed the VK's opinion with the Lawyers' Association
Sattler also discussed the Venice Commission Opinion with the Association of Lawyers of Montenegro yesterday. The Association told "Vijesti" that in their conversation with Sattler, they expressed serious concern that, despite the urgency and the deadline, the recommendations of the Venice Commission, which are in line with the Association's positions, have not been implemented.
They emphasized that the implementation of the Venice Commission's recommendations is a matter of full implementation of the rule of law and respect for international obligations assumed by signing the Agreement.
President Jakov Milatović said yesterday that the Parliament is irresponsible because it has not yet elected the missing judges to the Constitutional Court.
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He assessed that this is an extension of the serious constitutional crisis in which Montenegro finds itself, which began last year in December.
"The crisis has now been clearly confirmed by the opinion of the Venice Commission regarding the unconstitutional retirement of the Constitutional Court judge, Ms. Đuranović. Also, that same opinion was confirmed in the report of the European Commission. We have great irresponsibility on the part of the Parliament when it comes to filling the proposed candidates for judges of the Constitutional Court," Milatović told reporters after the conference "Decision-making power without gender balance", organized by the Civic Alliance.
The Constitutional Committee announced the appointment of two judges on December 23 last year and heard all candidates in mid-March. After that, the procedure was suspended until the Venice Commission's opinion regarding the Dragana Đuranović case arrives.
In the meantime, the office of Constitutional Court judge Budimir Šćepanović also ceased, leaving the Constitutional Court with four judges, out of the prescribed seven.
Milatović (as one of the proposers of Constitutional Court judges) proposed Mirjana Vučinić as Šćepanović's successor in mid-May, but the Parliament has not yet elected her. Milatović issued a new advertisement for the election of a Constitutional Court judge on Wednesday, as Judge Desanka Lopičić's term expires at the end of the year.
Board meeting by the end of July?
The President of the Constitutional Committee, Jelena Božović, announced on Thursday that the session of that parliamentary body, at which an important vote on the appointment of judges to the Constitutional Court is scheduled, has been postponed due to "emerging obligations and justified reasons of certain committee members who will not be able to attend."
"All members of the Committee expressed their desire and commitment to be present at the session, because the appointment of judges of the Constitutional Court is of exceptional importance for the legal system and the further work of institutions in Montenegro," Božović said in a statement.
She added that it is expected that the conditions for holding the session will be met by the end of July at the latest, when they plan to hold the vote.
"Recognizing the importance of this process, until conditions are provided for the presence of all board members, a new session will not be scheduled, and the public will be informed of the new date in a timely manner," said Božović.
13 candidates applied to the Constitutional Committee's public call in December.
Sattler warned of the danger of hasty vetting
Representatives of the Lawyers' Association discussed other issues of importance for reforms in the area of the rule of law with Sattler yesterday and, as they stated, pointed out to him the danger of conducting "hasty and unprepared vetting" and the frequency of using the institution of detention.
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Representatives of the Lawyers' Association assessed during the discussion that the institution of detention is increasingly becoming a punishment, and not a security measure as provided for by law.
As announced, Satler was also pointed out the unconstitutionality of the proposed amendments to the Public Assembly Act.
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