Parliament adopts amendments to the Law on the Constitutional Court

The Parliament of Montenegro adopted amendments to the Law on the Constitutional Court, which regulates the retirement age of judges.

The proposal was adopted by 42 MPs, with no votes against or abstentions.

Today's session was not attended by members of the opposition.

Justice Minister Bojan Božović previously said that the ministry had proposed the Bill on Amendments to the Law on the Constitutional Court in accordance with the recommendations of the Venice Commission (VC), while the opposition said that this legal solution was unconstitutional.

Božović, during a debate in the Parliament on Wednesday, stated that the first recommendation of the VK was to adopt a clear legal framework, which explicitly regulates the retirement age of Constitutional Court judges.

He said that the second recommendation is to introduce a simplified automatic mechanism for notifying Constitutional Court judges of their fulfillment of the conditions for retirement.

"Recommendation number three is the adoption of a provision that would allow a judge to continue to serve until a new judge takes office, in order to avoid a situation in which judicial positions are vacant because new judges have not been appointed," Božović added.

He said that the fourth recommendation is to consider expanding the provisions on the disqualification of Constitutional Court judges due to conflicts of interest while fully respecting procedural guarantees and preserving the functioning of the court.

Božović stated that the dilemmas they have are predominantly related to the age limit.

"We have repeatedly pointed out this same dilemma or our challenges and discussed it with the VK. However, after we went for the option in the original version not to go for this form, the VK gave a review of our opinion and said that we had fulfilled three recommendations, so that we had not fulfilled the one that was required of us," said Božović.

He said that they then proposed amendments to the law.

Božović said that the Ministry would not submit any law to the Parliament without the green light from the Supreme Court or the European Commission (EC).

Opposition MPs pointed out that the Constitution stipulates that the term of office of Constitutional Court judges lasts 12 years and that the Constitution cannot be amended by law, and that the proposed amendments are not in accordance with the Law on Pension and Disability Insurance and that another law cannot define the condition for old-age pension.

The Parliament also adopted amendments to the Law on Courts, which envisages the reorganization of basic courts in Pljevlja and Nikšić.

The proposal was adopted by 42 MPs, with no votes against or abstentions.

The amendments proposed by the Government provide that the Basic Court in Pljevlja will take over the employees of the Basic Court in Žabljak, and they will continue to perform their duties in the Regional Department in Žabljak.

It was also planned that the Basic Court in Nikšić, which had jurisdiction over the municipalities of Nikšić and Plužine, would also have jurisdiction over the territory of Šavnik.

The Assembly appointed Mensur Bošnjak as Deputy Ombudsman.

The appointment of Bošnjak, who was proposed as deputy by Ombudsman Siniša Bjeković, was supported by 42 MPs, with no votes against or abstentions.

Bjeković, explaining the proposal, said that he had proposed a man who had earned his trust in several ways.

"There were several other names in circulation in the institution of Protector with equally high-quality references. But what recommended Bošnjak was his dedication, meticulousness, and the fact that the obligations he undertook were completed on time," said Bjeković.

As he stated, Bošnjak is already recognized in international circles, he is a participant in numerous international conferences and with great success represents the interests and positions of the Protector's institution abroad, as well as in the country.

"I think that Mensur Bošnjak is one of those on whom the future of the institution of the Protector is based. With full responsibility and moral right, I propose Bošnjak for the position of deputy," said Bjeković.

Tonight, the Parliament also adopted amendments to the Law on the Treatment of Minors in Criminal Procedure, an amendment to the Law on Inspection Supervision, and an amendment to the Law on Tax Advisors.