Mirjana Vučinić has the best chance of being elected as a judge of the Constitutional Court, while the remaining two candidates are - Jovan Jovanovic i Mirjana Radovic - within reach of the majority needed to reach the same position, "Vijesti" finds out.
Candidate for Head of State Jakov Milatović, lawyer Vučinić, and the candidates proposed by the parliamentary Constitutional Committee - judge of the Higher Court in Podgorica Jovanović and deputy ombudsman Radović, did not "pass" the parliament on October 14, because none of them received a two-thirds majority for election (54 votes).
The highest legislative chamber is due to vote on them again today. In the second round of voting, three-fifths support (49 votes) is required to elect judges to the institution that protects constitutionality and legality.
After Vučinić failed to receive support in the Parliament, Milatović announced that he had sent a letter to all MPs, inviting them to consultations. When asked whether he had received a “signal” from the ruling New Serbian Democracy (NSD) and Democratic People’s Party (DNP) that they could support Vučinić, and whether they would do so if, in exchange, the president supported some of their candidates for ambassador, the head of state’s office told “Vijesti” that he had completed consultations yesterday, after which, they claim, “broader support for Vučinić is evident.”
"At the same time, according to the announcements we have had the opportunity to hear, the presidential candidate is the only one who could currently have the support of the majority of both the government and the opposition. We believe that the missing judges of the Constitutional Court will be elected and that we will thus overcome the constitutional crisis that has lasted for more than a year," they stated.
The Constitutional Court currently has four out of seven judges, the total number of judges that institution should have.
In the first round, 16 opposition MPs voted for Vučinić, while 44 government representatives abstained. MPs from the Civic Movement (GP) URA did not participate in the decision-making.
The election of Jovanović was supported by 45 members of the majority, while 1 was against. Admir Adrović (Bosniak Party), while five of his party colleagues abstained. 44 majority MPs voted for Radović, one was against (Adrović), and five abstained (BS).
Calculation
Two editorial sources from the strongest ruling party, the Prime Minister's Europe Now Movement (PES) Milojko Spajić, said that the party is "moving towards" supporting all three candidates, and that this should be definitively determined at a meeting of their parliamentary group today at noon. According to unofficial information from the newspaper, regardless of the PES's position, it is certain that their MP will Miodrag Laković, who was in consultations with the president on his own behalf (at Milatović's invitation), voted for all three proposed candidates.
The opposition Democratic Party of Socialists (DPS) and Social Democrats (SD), with 17 and three members of parliament, respectively, will certainly vote for Vučinić. A source for "Vijesti" from SD said that they were clear on the issue - "dialogue, not blackmail, compromise, not pressure from within and from outside."
A source from the DNP editorial office claims that four of the party's MPs will vote for all three candidates. DNP leader Milan Knezevic announced ahead of the first round of voting that the party would support the election of the missing judges, but that support was lacking in the Vučinić case. There is also speculation that nine NSD parliamentarians could also vote for Vučinić, after they “raised” their hands for Jovanović and Radović in the first round.
According to unofficial information from the editorial team, there is a possibility that four MPs from the opposition GP URA will vote for Vučinić. However, the party did not want to officially talk about it.
The ruling Socialist People's Party did not respond to requests for comment. Bogdan Božović i Sladjana Kaluđerović vote in the second round, after they supported Jovanović and Radović in the first round, and abstained when the vote was for Vućinić.
Deputy Speaker of the Assembly and representative of the Albanian Forum (AF) Nikola Camaj, told the editorial staff that he and the head of the AF parliamentary group Artan Chobi, given that the election of Constitutional Court judges is important for the country's European path, "active towards forming a majority" for all three candidates, but have not yet made a decision.
Member of the Albanian Alliance Ilir Chapuni, who voted for Vučinić and Jovanović in the first round, told the newspaper that his position remains unchanged.
"Vijesti" unofficially learned that the CIVIS MP will Maja Vučelić in the second round of voting to support all three candidates. She also had consultations with Milatović.
Independent Member of Parliament Radinka Ćinćur, told "Vijesti" that the election of judges of the Constitutional Court is an obligation, both to the citizens of Montenegro and to European partners.
"It is our obligation to elect people who meet the requirements to be reputable lawyers. All those who meet that requirement will get my vote, but not those who have not yet reached that level," she added, without specifying which candidates she was referring to and stating that they will "recognize themselves and be recognized by the public." She supported Vučinić in the last round.
Epistle Jevrosima Pejović Yesterday, the list said it would support Vučinić and Jovanović. Pejović supported Vučinić in the last round of voting.
Member of the United Montenegro Vladimir Dobričanin, who has repeatedly sided with the ruling parties, did not answer the editorial staff's questions yesterday about how he would vote. He did not vote for any candidate in the last round.
It is certain that the Democrats, who criticize her for being a lawyer for the company "Bemaks", will not vote for Vučinić, but neither will the Bosniak Party (BS). The party's MPs will abstain during the vote for all candidates, but they are not completely in agreement on this, because according to "Vijesti", there is a possibility that one of the BS representatives will vote against the candidates proposed by the Constitutional Committee.
Party Ervin Ibrahimović, as previously announced, requires that at least one judge of the Constitutional Court be a member of the Bosniak people.
While, with the possible votes of PES and some other ruling parties, it is realistic for Vučinić to receive 49 or more votes, Jovanović and Radović are also close to the election, missing two and four votes, respectively, compared to the first round (if everyone in power raises their "hands", not counting BS, and bearing in mind that Čapun will not support Radović).
If they don't get those votes from GP URA, they will need support to "pass" Adrian Vuksanović (Croatian Civic Initiative), Mehmet Zenka (Democratic Union of Albanians), Dobričanina or Ćinćur.
The EU is expecting an election
The European Commission (EC) announced at the end of October that the European Union expects Montenegro to appoint three judges to the Constitutional Court, without further delay, through a transparent and merit-based selection process.
Regarding the failure to elect judges in the first round, the EC told "Vijesti" that a fully functional and independent Constitutional Court is essential for protecting citizens' rights and preserving the rule of law and democratic stability.
"It is also of key importance for Montenegro's path towards accession to the European Union," they said.
The Constitutional Court currently has four out of seven judges, the total number of judges that institution should have.
The Constitutional Committee announced the announcement for the election of two judges on December 23rd last year and heard all candidates in mid-March, but proposed them in early October.
In the meantime, the head of state has issued a new advertisement for the selection of a judge, because the judge Desanka Lopičić His term expires at the end of the year.
The procedure for the election of two judges, as announced by the Constitutional Committee, was suspended after the hearing of the candidates, pending the opinion of the Venice Commission on the case of the former Constitutional Court judge. Dragan Đuranović.
At the end of last year, the parliament, based on the conclusion of the Constitutional Committee, declared her position terminated because she had attained the retirement requirement under the Law on Pension and Disability Insurance, and not under the Labor Law, under which Constitutional Court judges retired.
In protest, the opposition left parliament and blocked the work of the Electoral Legislation Reform Committee. After part of the opposition signed an agreement with Prime Minister Spajić on March 15 to resolve 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 Commission stated that the Parliament should have followed the procedure requiring formal notification of the Constitutional Court on the fulfilment of the conditions for the termination of judicial office, emphasizing that it is 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.
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