Ministry of Justice on implementation of Venice Commission recommendations: Working group starts this month

The working group to be formed by the Ministry of Justice to implement the recommendations of the Venice Commission will begin work this month, the Ministry of Justice told Vijesti.

They said that the Ministry has taken concrete steps towards forming a working group that will work on amendments to the Law on the Constitutional Court, "with the aim of ensuring that all recommendations from the opinion of the Venice Commission are taken into account and thus ensuring the smooth, predictable and legally sound functioning of that court."

They recalled that on June 17, they issued public calls for nominations of NGO representatives in the working group, as well as for consultation with the interested public in the process of preparing the draft of this law. The deadline for applications expired yesterday.

"Invitations for delegating representatives to the working group have been sent to the Constitutional Court, the Parliament of Montenegro (for the purpose of delegating representatives of the parliamentary majority and the opposition), and the Ministry of Social Welfare, Family Care and Demography," the Ministry said, adding that after the application deadline, a working group will be formed that will begin operating this month.

In mid-June, the Venice Commission published an Opinion on the termination of the judicial office of a judge of the Constitutional Court Dragani Đuranović. It was pointed out that the Montenegrin Parliament should have followed the procedure requiring formal notification to the Constitutional Court of the conditions for the judge to cease to hold office. They stressed 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, such as adopting a clear legal framework regulating 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, and considering expanding the provisions on the exemption of Constitutional Court judges in cases of conflict of interest.

"The government, as well as the Venice Commission, believes 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," the Ministry explained.

In addition, they added, expanding the conflict of interest rules, especially in the context of deciding on the personal status of judges, will be crucial for maintaining confidence in the independence and ethical work of the Constitutional Court.

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 Committee for the Reform of Electoral Legislation. After part of the opposition, with the mediation of the Head of the EU Delegation in Podgorica Johan Satler, signed on March 15th with the Prime Minister Milojko Spajić agreement on resolving 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.

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.

Minister of Justice Bojan Božović On June 14, he 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 Venetians' recommendations.

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.

Last week, the procedure for electing the missing Constitutional Court judges in the Parliament was suspended again, pending the outcome of the meeting between the parliamentary majority and the opposition with the Head of the EU Delegation, Johan Sattler, regarding the implementation of the Venetian Opinion.

The EU Delegation unofficially told "Vijesti" on Friday that Sattler "will be involved in talks with representatives of the government and the opposition regarding the implementation of the Venice Commission Opinion."