Transparency of governance remains a problem in the work of the Government, as it often relied on the procedural possibility of making decisions via telephone sessions, and the lack of coordination between ministries is a cause for concern.
This is stated in the European Commission report, which also emphasizes that key administrative functions are still being filled by acting officials.
Montenegro, it is stated, should strive to ensure that all legislative initiatives go through a transparent and inclusive consultation process and are in line with European standards and international law.
It is stated that the functioning of democratic institutions is generally stable:
"However, it faces recurring challenges due to a polarized political situation, which leaves institutions vulnerable to political crises and blockades."
When it comes to the work of the Parliament, it is reported that during the consideration of the annual report of the Prosecutorial Council and the State Prosecutor's Office, the President of the Parliament and various members of Parliament openly criticized the prosecution, including personal attacks on the Supreme State Prosecutor.
"These events raise serious concerns about undue influence and may undermine the autonomy of the prosecution," the EC report says.
It is stated that parliamentary committees have considered numerous reports submitted to Parliament by independent bodies in accordance with the law, but that there is no common practice or uniform approach to conducting parliamentary hearings. It is also noted that sessions dedicated to the Prime Minister's Hour were not held regularly.
The EC states that after the Parliament's controversial decision to unilaterally declare the retirement of a Constitutional Court judge (Dragana Đuranović) in December 2024, a deep institutional and political crisis has occurred.
They recall that the opposition blocked the work of Parliament for several months, expressing concern about respect for the independence of the Constitutional Court and the principle of separation of powers established by the Constitution.
"This decision was not in accordance with the procedure provided for by the Constitution, which was also stated by the Venice Commission in its opinion in June."
The EC report states that Montenegro must urgently adopt a special law on employment rights, including retirement criteria, for all judges and prosecutors, including judges of the Constitutional Court:
"The Venice Commission recommended this in order to resolve legal uncertainty within the current legislation."
In June, 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 judges of the Constitutional Court; 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 the Constitutional Court.
Bonus video:
