Mirjana Vučinić, Jovan Jovanović and Mirjana Radović were not elected as judges of the Constitutional Court today.
None of the candidates received a two-thirds majority during the first vote of the members of the Parliament of Montenegro.
16 MPs voted for Vučinić's election, while 44 abstained.
Jovanović's election was supported by 45 MPs, while one was against and five abstained.
44 MPs voted for Radović, one was against, and five abstained.
Members of the Montenegrin Parliament today discussed the candidates for judges of the Constitutional Court, proposed by the Constitutional Committee and President Jakov Milatović, whose election in the first round of voting required a two-thirds majority in the Parliament, or 54 votes.
Milatović previously submitted a proposal to the Parliament to elect Mirjana Vučinić as a judge of the Constitutional Court, while the Constitutional Committee proposed Mirjana Radović and Jovan Jovanović.
Given that the candidates did not receive the required majority in the first round, a second round of voting will be organized within a month at the earliest, in which, according to the Constitution, three-fifths support is required, or the votes of 49 MPs.
The deputies voted on the acts for which the debate had been completed.
The Draft Law on Ratifying the Agreement on Cooperation in the Field of Infrastructure between the Government of Montenegro and the Government of Hungary, the Draft Law on Ratifying the Agreement on Cooperation in the Field of Telecommunications, Information Technologies and Development of Law Enforcement between the Government of Montenegro and the Government of Hungary, and the Draft Law on Ratifying the Agreement between the Government of Montenegro and the Government of the Republic of France on the Implementation of Priority Projects and Financial Cooperation in Montenegro, the Draft Law on Amendments to the Law on Social Housing with Amendments, were adopted, after which a vote will be held on the judges of the Constitutional Court.
In his closing remarks, Milatović thanked the MPs for having a debate today, whereas they did not have one a month ago.
"I don't think there are any doubts here. Everything has been clarified again. If you thought that I was participating in political trading within the framework of the consultations, you were mistaken," he said.
The discussion is over.
MPs will vote on candidates for judges of the Constitutional Court after the debate on the bill amending the Law on Social Housing.
President and MP of the Democratic Party of Socialists (DPS), Danijel Živković, announced that the government has not invited the opposition to discuss candidates, and that his party will vote for Mirjana Vučinić.
If someone in this room stands up and says humanly, not politically, that they do not have a message with a voter, that they have not exchanged, as stated in the order for the investigation that recently appeared, I will extend my hand and congratulate them. I am not saying this as a politician, but as a human being. If we have come to that, then 90 percent of the political scene will end up in prison, said the president and MP of the Democratic Party of Socialists (DPS) Danijel Živković.
Živković said that someone in the Prosecutor's Office has written a new indictment for themselves, where secret information is being disclosed to the media that is intended to discredit political entities or individuals, and in this way reorganizes the political scene.
"Let's be clear - we are neither complaining nor thinking about it. We will withstand the blow as far as our politics are concerned, until the end," said Živković.
Leader and MP of the Democratic Party of Socialists (DPS), Danijel Živković, assessed that the narrative is being imposed that judges must be elected "because of the European Commission, or because von der Leyen came," and not because of a real need.
DON'T MISS IT
"As long as the parliament elects reputable lawyers to the Judicial Council, the Constitutional Court, that's where the talk about the influence of politics ends. There is also a way to change the Constitution and adopt a different model. Today, there is a parliamentary majority that sits down and tries to agree on some candidates... I could also talk about how a judge of the Constitutional Court is related to an MP from the ruling majority. If we keep opening this up in Montenegro, there will never be an end to it," he said.
As he added, there must be an agreement.
"Von der Leyen is coming, let's get something done quickly and get praise. What are we turning into? A neo-colonial society in which Americans, Russians or Europeans should tell us how we should behave," he said.
Živković said that tomorrow, if someone needs to deal with someone from the parliamentary majority, "the correspondence of a majority MP will be released."
"When you find yourself faced with the challenge that if you don't vote for the report on the Prosecutorial Council, someone will come to warn you or convey a message through a media outlet... We are turning into a society of gossip, of reality shows. It is becoming normal for correspondence between friends, godparents, to be published. Today, anyone can be the subject of ridicule," he said.
"Do you think we don't know what happened in Berane, in a hotel in the Czech Republic? Do you think we don't know what's happening at a swimming pool in Zeta, where prosecutors come?", Živković pointed out.
He said that "certain secret information is being provided to the media," and that for them, "custom and justice are above the law."
"In this battle, we are ready to go to the end, whatever the end result - death or prison. Whoever attacks our honor, be sure that we will respond," said Živković.
Miloš Pižurica, a member of parliament for the Europe Now Movement (PES), said that "he will never consider political opponents as enemies," and that he is not a participant in any poolside agreements, and he believes that his party colleagues are not either.
Živković said that "PES is the third force in the country."
"We know what the Podgorica essence was, and you know it too. Today you are cooperating with those who celebrate it," he said.
Pižurica said that "if they disagree with someone, they don't have to label them and call them a traitor."
"I hope all of this was not done on the directive of the Speaker of the Assembly," the DPS leader replied.
Europe Now Movement (PES) MP Darko Dragović said that there are currently two civil lawyers and one criminal lawyer in the Constitutional Court, and that there are no experts in human and minority rights, and that Radović is from that field.
"Ms. Vučinić is a highly moral person, who, when it comes to state administration, has the experience of being the director of the Directorate... The fact that you believe that we are the worst convocation of the Assembly and that anyone on the street is more qualified than us to be an MP does not mean that we will be a flow-through boiler. Your constitutional right is to propose, and ours is to reject," he said.
Milatović said that he "did not announce this because of the MPs, but because of the citizens."
"The Constitutional Court is the last barrier against the total arbitrariness of the authorities, against the total sale of Montenegro. This means a non-transparent agreement with the United Arab Emirates (UAE), the announced sale of the Budva Riviera, a probably illegal privatization process of Montenegrin airports... Once the president returns a law, he must, according to the Constitution, sign it when the Parliament votes on it again. And then the only barrier is the Constitutional Court, but judges there are elected for obedience, not expertise. That's how it was, and that's how it continues to be," he said.
Bosniak Party MP Jasmin Ćorović stressed that "there was no trade" and that they would not propose "at least one candidate out of principle", because they believe that one of the seven judges should be from a minority group.
Independent MP Jevrosima Pejović said "that lawyers must be more careful when criticizing."
Milatović pointed out that "even the director of the ANB is not elected based on his expertise, but because he is the brother of a PES MP."
Pejović called for "talking about other people with more attention."
President of Montenegro Jakov Milatović apologized for not being present during the entire discussion, but that he only received information today that he should be present from 12 noon, and that representatives of the institution of the President were present the entire time.
He added that he believes that vetting is very important, but that it should also be implemented in the Parliament.
"This is because this chamber elects both prosecutors and judges of the Constitutional Court and passes laws. I think the entire public is aware of the fact that behind certain deputies are hidden the assets of these or those clans, that certain deputies do not vote according to their conscience but according to directives and protecting personal, small party matters. I support the initiative of the esteemed deputy Bogdanović - vetting in the judiciary, the prosecution, but also in the Parliament," he said.
Europe Now Movement (PES) MP Darko Dragović pointed out that a Constitutional Court judge can be elected in the first round with 54 and in the second with 49 votes of MPs, adding that "they did not push anyone but proposed two candidates who have moral and professional quality."
"If the only reason not to vote for candidate Radović is that she does not have a bar exam, then we have no reason to vote against her," he said.
He added that the fact that Vučinić represented the company "Bemaks" should not disqualify her, because she did so as a lawyer.
"That should not be a reason for disqualification. However, the fact that she worked in the cadastre and the Health Fund are not qualifications that convince me to vote for her," he said.
Milatović responded that "Radović is the PES candidate" and that "it is an open secret."
"Only because of the Montenegrin public and expertise, I want to compare candidate Vučinić, whom I proposed, and candidate Radović. Candidate Vučinić graduated from college with an average grade of almost nine, and Radović with seven and a half. The second criterion - Vučinić has 35 years of legal experience in the Constitutional Court, the Health Fund, the Pension and Disability Insurance Fund, and almost 20 years as a lawyer, and Radović has 15 years - the legal minimum, half of which in an NGO. The third criterion is the bar exam. It is not a question of choosing professionals, but obedient ones. That is the tragedy of Montenegro, both during the DPS and during this government," Milatović pointed out.
Aleksandra Vuković Kuč, a member of parliament from the Democratic Party of Socialists (DPS), said that law and justice must be defended.
"Today, President Milatović, there seems to be no agreement on the Constitutional Court, and yet there is. Everything is a show, everything is a circus, everything is a lie," she said.
The head of the Europe Now Movement (PES) parliamentary group, Vasilije Čarapić, said that DPS had once nominated a member "who was waving that party's party card."
Vuković Kuč pointed out that the process is ongoing because "the majority is tightening it like a rope."
"That's why I think that the power of the church, which Voltaire problematized, is problematic. Imagine a priest, Backović, who threatens you that just as he brought you to power, he will take it away from you. That's how I perceive this behavior towards President Jakov Milatović. Exactly how certain structures behave, just as the monument to Pavle Đurišić eludes you and the security sector cannot catch it because you are not allowed to because of the church, so you are blackmailing Milatović because you supported him," she said.
As she added, it is good that "the ruling majority is exposing itself."
"It would be nice to discuss judges, there are people there with postdoctoral degrees," she said.
The head of the Democratic Montenegro parliamentary group, Boris Bogdanović, pointed out that biographies should be discussed, but that citizens are interested in "a system that is up to its neck in mud, because it has not been cleaned."
"Until the vetting process is completed by the judiciary, we are not discussing the judiciary, but the facade behind which the mafia hides," he said.
He pointed out that "even after six years, there has been no verdict in a murder case in the city center, near the Forum cafe."
"We have Vuk Lalatović, who knocked on the police door himself, and we don't have a verdict. The state didn't say you're guilty, but you're free. And he committed another murder. We have the case of Miloš Medenica and his mother Vesna, who the court is allowing three years to pass and be released from custody," he said.
He added that in 1997 the regime "imported members of the Surcin clan," and that the courts remained silent.
The discussion continued.
In the hall are the President of Montenegro Jakov Milatović and his advisor Nebojša Vuksanović.
The head of the Europe Now Movement (PES) parliamentary group, Vasilije Čarapić, announced that "a colleague said that they did not choose a candidate because of their nationality," adding that this was not the reason.
"The Bosniak Party said that it proposed a candidate. Candidates are not proposed by parties. Everyone should protect the community... It's okay to work for party interests, but we also need to care about the state," he said.
Bosniak Party (BS) MP Jasmin Ćorović pointed out that "the question arises why the best candidate should pass," adding that Radović and Jovanović are worse candidates than the BS favorite (Nerma Dobardžić).
Independent MP Radinka Ćinćur said that the Law on the Protection of Real Estate was re-adopted yesterday, which she considers unconstitutional, but that there is no explanation as to why Radović and Jovanović are the best candidates. She added that HRA has previously said that Dobardžić is a good candidate, while Radović does not have a bar exam.
Darko Dragović, a PES MP, said that taking the bar exam is not mandatory for Constitutional Court judges, and that there have been examples of Constitutional Court judges and Law Faculty professors not having passed the same exam.
Ćinćur said she knew it was not mandatory, but that everything she read in the explanation "does not give her the right to vote for her as the best," he said.
Ćorović pointed out that Ćinćur's speech showed that Dobardžić has the support of other MPs, and that he is against someone becoming a judge of the Constitutional Court just because they are from a certain ethnic group.
Socialist People's Party (SNP) MP Bogdan Božović pointed out that they never traded, but were always constructive.
"We believe that the judges we will support today - Mr. Jovanović and Ms. Radović - have good biographies and will respect the Constitution," he emphasized.
DPS MP Nikola Rakočević pointed out that the spirit of the qualified majority norm implies an agreement between the government and the opposition, and that the key task of Montenegro is to establish a dialogue between the government and the opposition and thus find a solution.
"The Speaker of Parliament informs us that we are waiting for a very important discussion between government representatives regarding the judges of the Constitutional Court. So, very openly, without pretending to be democratic, there is talk about an agreement between the government regarding the judges of the Constitutional Court. Imagine what kind of institution we are choosing, guided by party interests. The question is how Brussels will react because a part of society is being excluded. Also, we had the opinion of the Venice Commission and we should have had a commission that would implement what the Venice Commission told us. The majority continues to dismantle institutions," he said.
Jelenka Andrić (PES) indicated that she is absolutely certain that after so much discussion, even citizens cannot explain what happened in the Assembly, because there was no discussion of the arguments about the candidates proposed by the Constitutional Committee.
"The Constitution is the highest legal act, and those who are its first line of defense are in the Constitutional Court," she said, adding that citizens "are most eager for justice."
She stressed that it is important to "establish the rule of law, and one of the steps is the election of judges to the Constitutional Court. "If we continue like this, fewer and fewer reputable lawyers will apply for vacancies," she said.
Andrić announced that 77 MPs voted for Radović to become the Deputy Protector of Human Rights and Freedoms of Montenegro.
"Ms. Radović has experienced discredit on a personal and professional level in this home...", she said.
Some of the deputies from the Democratic Party of Socialists (DPS) and the Social Democrats (SD) returned to the chamber
The session continued.
DPS and SD MPs left the hall.
The session was adjourned due to technical problems.
Popović said that Zirojević said that she "chases young men", to which he replied "that's a lie".
"You can call me names in the media as much as you want... You know I filed a report. I neither see you, nor hear you, nor do I care what you say, but in the Parliament I will not allow insults towards me or any colleague from any political party," Popović said.
Nenezić said that Zirojević did not speak before he was given the floor, nor did he interrupt another MP, use inappropriate words and expressions, and did not jeopardize the work of the session.
"Colleague Zirojević succeeded in what no one in the majority has done - to bring together all members of the ruling majority," he pointed out.
MPs voted on whether Popović violated the rules of procedure - 15 in favor, 37 against.
Čarapić pointed out that one candidate for Constitutional Court judge admitted that he had a membership card of the ruling majority party (NSD), but that he gave up when he saw that the majority would not vote on that basis, and added that candidates are chosen based on qualifications.
Ćorović pointed out that the candidate they supported had all the qualifications.
Zirojević first said that there was no proposer in the Assembly, alluding to Milatović. Jelena Božović felt called out and said that she was on the committee.
Zirojević said that what was said did not refer to her, but to the President of Montenegro.
Ćinćur said that Milatović was at the meeting.
Zirojević asked for the procedure, and Popović asked him which article of the rules of procedure he was looking for.
He referred to Article 101 of the Rules of Procedure, and Popović told him that it was a reply, not a procedure.
Zirojević, although his microphone was turned off, continued to speak, saying that Popović was violating the rules of procedure and calling on the deputies to speak out.
Ćinćur then reported for the procedure, but Popović did not ask her under which article, to which Zirojević loudly protested.
After that, a break was given.
Popović said that she had deprived Zirojević of the floor under Article 108, and called on the MPs to express their views on the matter.
Branislav Nenezić (SD) referred to Articles 102 and 95, and called for another break and to wait for Milatović.
Zirojević asked why Milatović, as the proposer, was not in the room.
Independent MP Radinka Ćinćur said that Milatović was at a meeting, but that he would return.
A brief argument ensued between Chairwoman Zdenka Popović and Zirojević. He claimed to be invoking Article 101 of the Rules of Procedure, while Popović denied his right to do so.
After giving him two warnings, Popović took his word away.
The argument broke out because Popović did not give Zirojević the procedure.
A five-minute break was given, after which the deputies will declare whether Popović violated the Rules of Procedure.
Bosniak Party (BS) MP Jasmin Ćorović said that they are demanding "that the Constitution be respected."
"We believe that the Constitution and the principle of meritocracy were not respected, and therefore we will not support the candidate... In this case, the principle of meritocracy did not propose the best candidates. The candidate proposed by BS to the Constitutional Committee had the best references. In addition, that candidate is also a member of the smaller, Bosniak people. I am asking the question whether the fact that he is a member of the Bosniak people influenced his election," he said.
The head of the Civic Movement (GP) URA parliamentary club, Miloš Konatar, said that today is the day when they will have the opportunity to see "why we have the largest government in the world in Montenegro."
"The question arises whether there is a majority for the election of judges of the Constitutional Court. I would like to remind you, respected citizens, that there was a majority when it was necessary to sell off, reconstruct the Government and introduce more positions and privileges, when it was necessary to adopt a Spatial Plan contrary to the opinion of the Environmental Protection Agency, and when the president proposed a candidate for a judge of the Constitutional Court, there was not even a quorum. Today is the day when it will be seen why you were formed."
Konatar said that URA will not participate "in this show" and in the "simulation of the European path." "We do not want to participate in that. Anyone can bring back what messages were there when the reconstruction took place," he said.
As he added, it is not normal for colleagues to criticize the president for not speaking to MPs, while they themselves did not speak to the opposition.
"We want to talk, but based on principles... We don't want to trade, but to talk based on principles. The IBAR laws and the previous elections of Constitutional Court judges were also discussed based on principles. All of these are victories of the majority that came about thanks to the votes of the opposition. Show the citizens why you were formed. If you don't have a majority to elect Constitutional Court judges, apologize to the citizens," he stressed.
Bonus video:
