The latest non-paper of the European Commission (EC) confirms what Montenegrin President Jakov Milatović has consistently been pointing out for months - without a functional, fully-staffed and independent Constitutional Court, there is no full rule of law, stable institutions, or the completion of Montenegro's European path, Milatović's office announced today.
"The European Commission's message is that we are not going back to the past when decision-makers in Montenegro deceived both citizens and European partners. We must finish the job and elect the judges of the Constitutional Court. Therefore, the Parliament of Montenegro must elect two judges without further delay. This is a test of the institutional maturity of a country that wants to become the next member of the European Union," the statement said.
Milatović's office added that Milatović completed his part of the work responsibly, transparently and in accordance with the Constitution.
"After conducting public calls, checking the fulfillment of legal requirements and interviews with candidates, he proposed to the Parliament of Montenegro Predrag Krstonijević, a judge of the Higher Court in Podgorica, and Jelena Ružičić, a judge of the Supreme Court of Montenegro, candidates with serious legal and judicial biographies. Thus, the Parliament received proposals based on professional experience, legal knowledge and judicial career. Now the responsibility lies with the Parliament. There is no institutional justification for the procedure to continue to be held in a state of waiting, while the Constitutional Court functions in an incomplete composition," the statement reads.
Milatović's office said that it is particularly important that the EC also points out the need for clear legal rules on the termination of office and retirement of Constitutional Court judges.
"It is precisely this legal uncertainty that President Milatović previously pointed out by initiating proceedings to review the constitutionality of legal solutions relating to the continuation of the function of a judge after the expiration of his mandate, that is, after the conditions for termination of office have been met. Montenegro is the next EU member state that has the responsibility to complete this work responsibly, without blockages and without excuses," said Milatović's cabinet.
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