They remembered the VK when they ran out of other excuses: The ruling majority sabotaged the election of a Constitutional Court judge

The decision of the majority of government deputies to sabotage yesterday's parliamentary session at which a decision was to be made on the composition of the Constitutional Court (CC), with the message from some of those members of parliament that this should wait until the Venice Commission's opinion on the case of the former CC judge is implemented Dragan Đuranović, which they ignored for three months - is just an excuse and a continuation of the party's fight for "their" cronies in that court. This not only threatens the institutions, but also Montenegro's interest in joining the European Union (EU).

Thus, the interlocutors of "Vijesti" commented on the fact that representatives of the ruling majority did not yesterday enable the adoption of the agenda of the session of the highest legislative house, which was initiated by the head of state. Jakov Milatovic with the proposal that the lawyer Mirjana Vučinić be elected as a US judge.

59 MPs voted, of which 21 were in favor of the proposed agenda, while 38 abstained (there were no votes against). Regardless of the fact that Milatović's proposal was not considered, it will remain in the parliamentary procedure.

The strongest ruling party - the Europe Now Movement (PES) - said that the implementation of the opinion of the "Venetians" should be awaited. Milojko SpajićThe opinion was adopted in mid-June, and since then there have been several calls for its implementation from EU representatives and the opposition. However, there has been no progress on this front.

Before yesterday's PES statement, the Ministry of Justice announced that a meeting of the working team for drafting a proposal for amendments to the Law on the Constitutional Court, which is being prepared in accordance with the recommendations of the Venice Commission, would be held on September 22nd.

When asked by "Vijesti" why it was decided yesterday to hold the working team meeting next week and why this has not been done so far, considering that the "Venetians" submitted recommendations in June, from the department he heads Bojan Božović They replied to the editorial office that the date was set "due to the wait for the delegation of representatives of the Assembly, which despite timely correspondence has not yet been completed."

They don't even respect the citizens.

Director of Human Rights Action (HRA) Tea Gorjanc Prelevic She told "Vijesti" that the ruling majority demonstrated yesterday its irresponsibility towards the Constitutional Court, disrespect for the institution of the president of the state, but also disrespect for citizens "who have been waiting for a long time for their cases in the Constitutional Court to be resolved."

"I don't see why the election of a judge to the position should be Budimir Šćepanović, whose termination of office is not disputed like that of Dragan Đuranović", conditioned it on the implementation of the recommendations of the Venice Commission, so I think it's just an excuse," she assessed.

Gorjanc Prelević pointed out that the implementation of the "Venetian" recommendations will come at a later date, and that the continuation of the crisis in the Constitutional Court will not resolve election complaints or other cases for which there is no consensus among all four judges, or three in the Constitutional Appeals Chamber.

The Constitutional Court is operating with a truncated composition, considering that it currently has four out of the seven judges that the institution should have in total.

The interviewee stated that many cases in that court have been blocked for a long time, and not only election appeals, but also resolving issues that are of vital importance to people, as well as the exclusion of unconstitutional and illegal regulations from the legal order, which, she emphasizes, is all necessary for the rule of law.

Civic activist Dina Bajramsphić She told the editorial staff that, after three months of keeping the proposal in a "drawer", the ruling majority has once again shown that the last thing it is interested in is implementing reforms and establishing professional institutions.

"No one who follows the political situation in Montenegro can be surprised that the authorities prefer a blocked, rather than a functional, US," she said.

Bajramspahić reminds that the US is the guardian of the Constitution - an institution whose role is to protect constitutionality and legality and thereby ensure that the legal and political system is based on the highest legal act. That is precisely why, he notes, an independent court is an obstacle to uncontrolled decision-making for particular interests.

The interviewee said that the ruling majority is conducting party trade and distributing seats according to party quotas, instead of making the US the most respected institution in the country.

"Until that process is completed, the court will remain blocked. The prospects of establishing a depoliticized court, one that enjoys respect and authority, are almost nonexistent today," she said.

Bajramspahić stated that an additional problem is that parties prefer "their candidates" to have more modest biographies, so as not to ask unnecessary questions later and hinder decision-making in favor of political centers of power, and not in accordance with professional criteria.

"Considering that the ruling majority had no intention of supporting the nomination and unblocking the US, it may be better that the debate was not held. Unfortunately, there is no doubt that the discussion would have been superficial and would have violated the dignity of the candidate," she added.

Bajramspahić said that the very low level of controversy in the Parliament will increasingly negatively affect the motivation of competent people in Montenegro to apply for the most responsible state positions.

"It is legitimate for any candidate to not have the support of the Parliament and for all facts of public interest to be presented, but it is unacceptable for the process to turn into public humiliation. Unfortunately, it seems as if that is the goal, so that the public sphere remains only for those for whom it is acceptable," the civic activist stated.

Milatović: Irresponsible and cowardly move

The President of Montenegro stated yesterday that the move not to discuss his proposal is irresponsible and cowardly, and directly undermines the credibility of the highest legislative chamber.

Milatović's proposal has been in the "drawer" of the highest legislative chamber since mid-May, and in early September he requested that the Parliament vote on it at an extraordinary session.

The head of state assessed that the government has shown that it is against a functional Constitutional Court. He pointed out that the court is a pillar of the system, a guarantor of freedom and equality for citizens, but that today "that pillar is on the verge of complete collapse," and that the government's move is damaging Montenegro's membership in the EU.

In response to criticism from some government constituents that Vučinić also represented the company "Bemaks", Milatović responded that this move was dangerous because it targeted the legal profession. He added that such criticisms were "a blow to every honorable lawyer."

"If 'Bemaks' is controversial to them, why did those in the government give over 40 million contracts to that company?"

Responding to the question of how he comments on the PES statement, that the opinion of the Venice Commission should be implemented first, Milatović said: "Why don't they implement it?"

"That is the stupidest statement... I call on the Prime Minister to return to the path of responsibility and the path that leads the country to the EU, because what his parliamentary group is doing is not that path."

PES announced yesterday that the fact that there was not the necessary majority to put Milatović's proposal on the agenda means that the issue will be decided later, during the regular session.

"In principle, we are of the opinion that before the election of US judges, the recommendations of the Venice Commission, which we received back in June, should be implemented, which is a principle that should also be prepared when it comes to the election of US judges proposed by the president."

The party did not answer whether mentioning VK was just an excuse not to vote for the candidate and why it was decided yesterday that the working group would address VK's opinion after several months.

Head of the parliamentary group of the Democratic Party of Socialists (DPS) Andrija Nikolić He stated after the parliamentary session that Montenegro with the current government is becoming a dysfunctional state, stating that he fears that it is in the interest of part of the majority that the US be blocked.

"This is a humiliation that the parliamentary majority has inflicted on the President of Montenegro."

Nikolić said that it is in someone's interest for the state to have a dysfunctional representative democracy and for the US to be placed in a new blockade.

Member of the Civic Movement URA Milos Konatar After the session, he assessed that the Parliament as an institution was humiliated yesterday, and the institute of an extraordinary session was rendered meaningless.

"This is yet another confirmation that the circus with the current parliamentary majority continues, and if anyone really thinks that the people in this government are capable of bringing Montenegro into the EU - then they are deeply mistaken."

Head of the Social Democrats (SD) parliamentary group Boris Mugoša, wrote on the "Iks" website that yesterday another "anti-European behavior by the majority, a fundamental collapse of the Constitution, a flight from the intersection of arguments, with the exception of a few majority MPs who voted for the agenda."

"Political trading, blackmail, and the urge to politically 'match' every institution is the only guiding idea of ​​this tailor-made armchair majority."

Independent deputies in the Assembly, Jevrosima Pejović i Radinka Ćinćur, said that the postponement of the Vučinić elections represents a "serious blow to the rule of law and Montenegro's European path."

“The vote, in which 38 MPs abstained, clearly demonstrates the absence of political responsibility and the lack of commitment to professionalism in the judiciary.”

Arguments should have been crossed.

Gorjanc Prelević pointed out that the MPs should have at least discussed Milatović's proposal, and that all their arguments should have been heard where they belong - in the Parliament.

"The only 'sin' of lawyer Vučinić, as far as we could hear, was that she represented the company 'Bemaks'. Then, arguments should have been raised about whether it is permissible to abandon European values ​​such as the right of people to defense in court proceedings, the basic principle of legal ethics that everyone deserves defense, and the recommendations of the UN rapporteur that lawyers should not identify with their clients," said Gorjanc Prelević.

She said that everything seems like a continuation of the parties' fight for "their cronies" in the US, which threatens the institutions and the country's basic interest in joining the EU.

Dina Bajramspahić pointed out that the PES statement that it is necessary to implement the VK's opinion is extremely unconvincing and cynical after they ignored and sabotaged that same opinion for three whole months.

"The European Union, in response to receiving the opinion, has repeatedly emphasized that in the eyes of the EU, full respect for the opinion is a measure of respect for the rule of law in Montenegro. Ambassador (Johan) Sattler "He pledged his personal authority to reach an agreement between the Prime Minister and the opposition. Unfortunately, even that was not enough reason for the Prime Minister's party to honor his signature," the interviewee said.

In June, the Venice Commission recommended considering several proposals: adopting a clear legal framework that explicitly regulates the retirement age of judges of the Constitutional Court; introducing a simplified automatic mechanism for informing about the fulfillment of the conditions for the retirement of judges of the Constitutional Court; 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 exemption of judges of the Constitutional Court in cases of conflict of interest, while fully respecting procedural guarantees and preserving the functionality of the Constitutional Court.

While Milatović's proposal is before the parliamentarians, the Constitutional Committee of the parliament has not yet established a list of candidates for the two judges (successors). Milorad Gogić and Dragana Đuranović), although he announced the vacancy on December 23 last year and heard all candidates in mid-March this year. In the meantime, the head of state announced a new vacancy for the election of a US judge, because the judge Desanka Lopičić His term expires at the end of the year.

If parliament does not complete its work by then, it means that the court that protects constitutionality and legality could be left with three judges, which would block its work because it would not be able to make decisions (a decision requires the vote of four judges).

The EU has repeatedly appealed to the legislative chamber to fill the vacancies in the US.

Bajramspahić: Paralyzed protection of human rights and freedoms

Dina Bajramspahić said that, by not electing Vučinić, the ruling parties have chosen paralysis in the protection of human rights and freedoms in Montenegro.

"Citizens who have exhausted all regular legal remedies will in vain resort to a constitutional complaint that has no one to resolve, and the Constitutional Court, as is well known, was inefficient even with a larger number of judges."

Bajramspahić emphasized that the blocked Constitutional Court opens up space for the continuation of the adoption of legal acts that undermine legal security and equality of citizens.

“Ultimately, this damages Montenegro's international credibility because it will bear the label of a country with an unstable legal system in which parties keep institutions under control.”

Ministry: Opposition did not delegate a representative to the working team

The Ministry of Justice told "Vijesti" that the reason for the decision to hold the first meeting of the working team on September 22nd directly stems from the dynamics of delegating members by the highest legislative chamber.

They recall that the draft opinion of the Venice Commission became available to the Montenegrin public on June 13, that immediately afterwards the Ministry began preparations for the formation of a working team, and that on June 17, Minister Božović addressed the Speaker of the Parliament Andrija Mandić with a request that the parliament delegate two representatives - one from each of the parliamentary majority and the opposition - by July 1.

"As the Assembly did not delegate its members within the given deadline, we sent a new letter on September 3. To date, the Assembly has not yet formally nominated its representatives, more precisely, we have been informed that the parliamentary majority has designated its representative, while the opposition has not yet done so."

The department headed by Božović states that September 22nd is the first available date that allows for proper preparation and participation of all members appointed so far, with the possibility open for the Parliament to delegate its representatives in the meantime.

"In other words, the date was set due to the wait for the delegation of Assembly representatives, which, despite timely correspondence, has not yet been completed."