The Delegation of the European Union (EU) to Montenegro has urged the state parliament to elect the missing Constitutional Court judges in October.
They told "Vijesti" after the ruling majority sabotaged the session of the highest legislative chamber on Monday, which was supposed to decide on the head of state's proposal. Jakov Milatović yes, lawyer Mirjana Vučinić be a judge of the Constitutional Court.
"The EU calls on the Montenegrin Parliament to ensure, at its session in October, the appointment of the remaining judges of the Constitutional Court, based on merit and transparency. A fully functional and independent Constitutional Court is essential for protecting citizens' rights, preserving democratic stability and guaranteeing free and fair elections," the EU Delegation told the editorial board.
They also stated that the EU calls on Montenegro to implement without delay the recommendations of the Venice Commission regarding legislative amendments, in order, according to them, to strengthen the independence of the Constitutional Court and guarantee its smooth and efficient functioning.
"These steps are of crucial importance not only for Montenegro's European path, but above all for the protection of citizens' fundamental freedoms," the EU Delegation stated.
The majority of government deputies did not allow the adoption of the agenda of the parliamentary session initiated by Milatović with the proposal to elect Vučinić as a judge. 59 members of parliament voted, of which 21 were in favor of the proposed agenda, while 38 abstained (there were no votes against). Milatović's proposal has been in the procedure since mid-May. Regardless of the fact that it has not been considered, it will remain in the procedure.
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. Judges are elected and dismissed by the Parliament - two at the proposal of the President of Montenegro and five at the proposal of the Constitutional Committee of the Parliament.
Part of the ruling majority, namely its strongest actor - the Europe Now Movement (PES), said that the election of judges should wait until the Venice Commission's opinion on the case of the former Constitutional Court judge is implemented. Dragan Đuranović. It arrived in mid-June and the "Venetians" stated in it that the legislative chamber should have complied with the procedure that requires formal notification from the Constitutional Court about the fulfillment of the conditions for the termination of Đuranović's function in that judicial institution, which did not happen. At the end of last year, the Assembly, based on the conclusion of the Constitutional Committee, determined the termination of Dragana Đuranović's function because she had fulfilled the conditions for retirement in accordance with the Law on Pension and Disability Insurance.
Although the Venice Commission's opinion was issued three months ago and since then, there have been several calls from EU representatives and the opposition to implement it, there has been no progress in this regard. Therefore, some analysts believe that the call by some in power to wait with the appointment of judges until the opinion is implemented is actually an excuse and a continuation of the party's fight for "its" interests in the Constitutional Court.
The Venice Commission recommended considering several proposals: the adoption of a clear legal framework that explicitly regulates the retirement age of judges of the Constitutional Court; the introduction of a simplified automatic mechanism for notification of the fulfillment of the conditions for the retirement of these judges; the adoption of 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; the consideration of expanding the provisions on the disqualification of judges of the Constitutional Court in cases of conflict of interest, while fully respecting procedural guarantees and preserving the functionality of this judicial institution.
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, although it published an advertisement for these positions on December 23 last year and heard all the candidates in mid-March this year. In the meantime, the head of state has published a new advertisement for the election of one 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).
In order for a candidate to be elected as a judge, they need to be supported by 54 out of a total of 81 MPs. If they do not receive that majority, they will go to a second round of voting, in which they need 49 "hands" of parliamentarians.
The EU has repeatedly appealed to the legislative chamber to fill the vacant seats on the Constitutional Court.
Spajić: Fill the Constitutional Court as soon as possible
Prime Minister and PES leader Milojko Spajić stated the day before yesterday that he advocates for the Constitutional Court to be filled as soon as possible, adding that he believes this is "very important for Montenegro."
"I think it is very important for our country, that the Constitutional Court functions at full capacity. We need to work on that," he said.
Spajić also said that it is not a simple process, and that until recently Croatia had a “multi-year problem” in filling the seats in its Constitutional Court. He stated that “communication with parliament” is needed and that the proposers should find solutions “that will be of the highest quality and for the benefit of the state of Montenegro” in “regular communication” with the legislative chamber.
One of the ruling parties, the Democrats, disputed Milatović's proposal, saying that the candidate is Vučinić - a lawyer for the Bemaks company, and that the assembly members "who are where they are based on their commitment to fighting crime, should think carefully."
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