Krstonijević and Ružičić elected as judges of the Constitutional Court

Predrag Krstonijević and Jelena Ružičić were elected today by the Parliament of Montenegro as judges of the Constitutional Court.

Krstonijević was elected with the votes of 64 deputies, while five deputies abstained. The abstentions were deputies from the Bosniak Party (BS).

69 MPs voted for Ružičić.

Krstonijević and Ružičić took oaths before the deputies.

Flow of discussion

The Europe Now Movement (PES) will support candidate for Constitutional Court (CS) judge Jelena Ružičić, announced the party's MP Darko Dragović at the Assembly session.

President Jakov Milatović said that the judges of the Constitutional Court do not choose to serve any majority, but to protect the Constitution.

"The Constitutional Court must be above party interests, political negotiations or any composition of parliament... Their engagement should be decided solely on the basis of their professional qualities," he said.

He then read her biography, noting that she had nearly three decades of experience in the judiciary.

"We are not strengthening the judiciary for the sake of European partners, but because citizens deserve it," he said.

Milatović said that "European integration begins where justice is achievable and where citizens know they are protected."

Dragović said that it is true that one of the obligations they have undertaken on the European path is the completion of the Constitutional Court, but also that a political agreement has been reached between the government and the opposition, and that the political agreement has initiated changes to the Constitution.

"Today we are voting for the judges of the Constitutional Court because it is primarily our constitutional obligation as members of parliament. PES did not build its position on the proposed candidate through the prism of the proposer himself. It is incorrect that PES built its opinion on the candidate taking into account the expectation of any decisions. I believe that Judge Ružičić has both the credibility and quality to be a bulwark against any despotism of the government and abuse of power and individual arbitrariness as a judge of the Constitutional Court... Considering her engagement, we will be pleased to support her candidacy for judge of the Constitutional Court," he emphasized.

Dragović emphasized that their goal is "for the Constitutional Court to strengthen its independence," but also to fulfill all the conditions for Montenegro to become a member of the EU in 2028.

"Last week's debate, in the section on constitutional amendments, prompted me to believe that such a candidate represents a victory of the profession over politics. We had a debate between (DNP leader) Milan Knežević, who is not a lawyer, and (DPS leader) Danijel Živković about the division of power and we saw that anyone who does not want or does not have legal arguments uses political arguments," he said.

Knežević: I could give Dragović a lecture on the Criminal Procedure Code and Conflict of Interest

Knežević replied that he was not a lawyer, but that he could "give Dragović a lecture on the Criminal Procedure Code and Conflict of Interest."

"I studied the Criminal Procedure Code, judging by the criminal court and prosecutorial octopus for ten years, and in prison I studied commentaries on the Criminal Procedure Code, while Mr. Dragović represented members of the Skaljar clan. And then when he came to the position that members of the Skaljar clan were transferring apartments to him, he described that he had sold land in Danilovgrad and that for the land in Danilovgrad of 3.000 square meters he had bought three apartments on the Montenegrin coast," he said.

Dragović pointed out that he graduated in law, and Knežević in "Serbian language and literature."

"Usually someone who plans to enroll in that faculty or has a desire to be Tin Ujević or teach in a rural school. I was in private practice for fifteen years, and you were in a state nursery. I am ready to make myself available to all institutions. You lived on a salary of 2.000 euros, and I think you have an apartment worth some 500.000 euros. If you add up your income, and the trip to Belgrade every week, the Audi A8, the apartment - now explain to your voters who are honest people why you changed your job and make fun of them. You make fun of the deputy speaker of parliament because he couldn't get a job as a top intellectual, but drove a truck," he said.

Knežević said that his wife received the apartment as a gift from her parents, that his trips to Belgrade were to visit his son, and that he paid off an apartment with his mother on credit, but also that his salary since he became an MP has been "from 1.100 to 1.700".

Nikolić: The Constitutional Court is not an institution that just needs to be filled

The head of the Democratic Party of Socialists (DPS) parliamentary group, Andrija Nikolić, said that completing the Constitutional Court is not a matter of European integration, nor is it an institution that just needs to be filled, but rather an institution in which citizens' trust needs to be restored.

"Perhaps the biggest problem in our institutional development is that there is much more talk about when the Constitutional Court will be completed, and less and less about who will sit on it. That is why we have come to a situation where the issue of the quality of candidates often remains in the background, even though it is crucial that the Constitutional Court is staffed by professionally and life-wise mature people, with experience that guarantees the quality and authority of its decisions," he said.

As he added, there are already cases of exceptional public importance awaiting a decision from the Supreme Court.

"I will remind you of the legal solutions in the field of security - the Law on the National Security Agency and the Law on Internal Affairs - for which we still do not have an answer as to whether they are fully in line with the Constitution and legal order of Montenegro. These are not political issues. These are issues that affect human rights, the functioning of institutions and the relationship of the state towards its citizens," he pointed out, adding that "that is why they insist that the judges of the Constitutional Court be people whose integrity, experience and expertise will not leave room for doubt as to whether their decisions are made in accordance with the Constitution."

He pointed out that, when it comes to Ružičić, "it is undeniable that he is a person with serious professional references who comes from the Supreme Court and has almost twenty years of work in the judiciary behind him."

"Her experience represents a quality that can contribute to the work of the Judicial Council and opens up space for us to discuss support for her election. When it comes to Mr. Krstonijević, in the first round we did not dispute the professional references of him, or of other candidates. What we problematized was the insufficient transparency of the election process. We believed that the public and MPs must have a complete picture of the way in which candidates for one of the most important positions in the judicial system are selected," he said.

Nikolić added that they were part of the consultations, but also had the opportunity to talk with Milatović about the candidates' references.

"We do not elect judges of the Constitutional Court for the needs of the parliamentary majority or the opposition. We elect them for the citizens of Montenegro and for the obligation for the Constitutional Court to be an institution that will have the power to tell both the Government and the Parliament when they have crossed the boundaries set by the Constitution. Because the strength of the rule of law in a country is directly linked to the strength and integrity of its Constitutional Court. Finally, I would like to state that the opposition platform has broken the deadlock in EU integration, that is, that the opposition is responsible for accelerating the EU path. I call on the parliamentary majority to honor its signature on the agreement with the opposition and to complete the selection of members of the Fiscal Council and the Judicial Council by the end of the month, if possible. DPS and its president Danijel Živković will honor their signature on the agreement," he announced.

Stjepović: Democrats will vote for both Krstonijević and Ružičić

Democratic MP Duško Stjepović said that they had voted for Krstonijević before, and that they would do so again, but that they would also vote for Ružičić.

"If elected, the candidates must not allow something that previous convocations did. They must not remain silent for third terms, they must not make decisions when the people in power have finished their work. They should only keep the Constitution in mind," he said.

Knežević said that he would "ask the parliamentary majority on the left and right, as well as Milatović, what Satler has to say about this."

"After all, he is the man who knows Montenegro best, i.e. the governor of this state. If it weren't for him, we wouldn't know that Zagreb is closer to us than Belgrade, that it's not time for the Serbian language and citizenship... I would like to know if he blessed this, if not, that we should take a break and go to him," he said.

As he pointed out, Sattler "requested the retirement of three judges last time."

"When we said that we could only retire Judge Đuranović, and that Milatović's job remained, we had a crisis here, so you colleagues from the DPS sang the anthem, played hopscotch," he said.

"I know, Mr. Milatović, when you used to come to me, these former colleagues of yours seemed to see Count Dracula. They said they wouldn't vote, so you should nominate Nikola Tesla. And I'm glad that Satler made it possible for alternating current to reach through PES and DPS," he added.

He referred to Croatia's blocking of the chapter.

"What did we do to them, Mr. Milatović? Well, you sat with Mr. Milanović on July 9th and said that he was your favorite guest. What if from June 9th to 14th they blocked our chapter and something for heaven's sake - that birds from Montenegro were not allowed to fly over to Croatia. I was happy when I saw Mrs. Marta Kos when she said that we would be the next member, and now she is talking about Ukraine, Montenegro, Moldova, Albania... What did you drink with her in Cetinje?", he said

Knežević asked Milatović "whether Montenegro is part of the coalition of the willing."

"And why haven't we been able to form a Constitutional Court so far? Because of Alabaru. Because it was always 3:3 when an interstate agreement was being assessed. It seems phenomenal that the match ends 3:3, that everyone gets a point, and Alabaru takes Montenegro. Now let's see how these two judges, I don't know either one, will decide on Alabaru and the airport concession. I think this is serious corruption and that someone took serious money - both from Alabaru and the Koreans... We will vote for both judges, because we went through the same thing and because we want the Constitutional Court to be completed, not because we went to Satler. I want to announce a political bombshell for the beginning of September that will bring down the Government if there is a Constitutional Court, and that will be a big challenge for the majority," he said.

Ćorović said that BS would vote for one candidate, and called on other MPs not to vote for the other, but to leave room for a candidate from a minority group to be elected.

Bosniak Party (BS) MP Jasmin Ćorović said that his party demands respect for the Constitution, and that they were against the other candidates because the Law on the Constitutional Court and the Constitution stipulate that the Constitutional Committee is obliged to take into account religious and national equality when nominating candidates.

He added that none of the candidates proposed by Milatović are from a minority group, nor are any members of his cabinet.

Ćorović announced that the BS would vote for one candidate, but called on other MPs not to vote for the other, but to leave room for a candidate from a minority group to be elected.

Ćinćur called on Dragović to call on Serbian and Montenegrin language teachers, Vuksanović said that he and Zenka would vote for Ružičić

Independent MP Radinka Ćinćur called on Dragović to apologize to Serbian and Montenegrin language teachers.

The leader and MP of the Croatian Civic Initiative (HGI) Adrijan Vuksanović announced that he and the MP of the Democratic Union of Albanians (DUA) Mehmed Zenka will vote for candidate Ružičić.

Mikić announced that GP URA will vote for both candidates

Civic Movement (GP) URA MP Zoran Mikić said that "there was no will for an election until some agreements were reached", but also that "as MPs they forgot about their constitutional obligation".

He recalled the local elections in Podgorica and Kotor, which could not be completed for months due to the incomplete Constitutional Court, but also the cases of retirement of judges from that court under various laws.

Mikić announced that the GP URA will vote for both candidates, but also announced that on Monday the Committee for the Political System, Judiciary and Administration, which he chairs, will decide on the candidates for the Judicial Council.

Ziroojević: Mr. Knežević, they present you as a brakeman, and you died for the European road.

European Union (EU) MP Nikola Zirojević said that "the opposition platform has proven to be good and a foundation on Montenegro's European path."

"Here is the answer to who is religious, who is unfaithful, and who is pro-European in this parliament. This shows that there are people in this parliament who support the European path, including Milan Knežević. You, Mr. Knežević, are being presented as a brakeman, and you died for the European path. And thank you for that. A little opposition solidarity," he said, adding that his parliamentary group would support both candidates.

Milatović: From today's statements, one can conclude that the Constitutional Court will be completed

Milatović, as part of his closing remarks, said that "from today's statements, it can be concluded that the Constitutional Court will be completed," which is a good message.

Milatović pointed out that "membership in the Coalition of the Willing was not discussed at the sessions of the Security and Defense Committee, but that the Prime Minister participated in one meeting of the Coalition of the Willing while the DNP was in the Government."

"What I can clearly say is that the positions from the sessions of the Security and Defense Committee are that Montenegro will not send soldiers to Ukraine, and the position on support is clear," said Milatović.