The Supreme Court of Montenegro rejected Radmila Vojvodić's appeal against the ruling of the Administrative Court, which declared that instance incompetent in connection with her dismissal from the position of rector of the University of Montenegro (UCG).
In the decision published on the website of the Supreme Court, it is stated that the appeal is dismissed "as unfounded and the decision of the Administrative Court is confirmed."
At the beginning of November, Vojvodić's lawyer, Nikola Martinović, asked the Supreme Court to cancel the decision of the Administrative Court due to a significant violation of the rules of procedure, wrongly and incompletely established factual situation and incorrect application of substantive law. In his appeal, Martinović asked the Supreme Court to return the case to the Administrative Court for further proceedings and a decision.
"On October 31, the Administrative Court declared itself incompetent to proceed with the lawsuit filed by the plaintiff RV against the defendant UCG for the annulment of the decision of the UCG Board of Directors, which dismissed her from her duties as rector. By the same decision, it was decided that after the decision becomes final, the case files will be submitted to the Basic Court in Podgorica, as the actual and local competent court", says the explanation of the Supreme Court's decision.
It is emphasized that the panel of judges considered all the case files and appreciated the allegations of the appeal, and made a decision that the appeal was unfounded.
"According to Article 22 of the Law on Courts, the Administrative Court decides in an administrative dispute, and in accordance with Article 2 of the Law on Administrative Dispute in an administrative dispute, the court decides on the legality of an administrative act, as well as other administrative activities that determine or otherwise affect rights, obligations and legal interests of a natural or legal person, when prescribed by law. Based on the above-mentioned legal provisions, the Administrative Court concludes with a contested decision that the decision of the UCG Board of Directors on the dismissal of the rector is not an administrative act, nor is it another administrative activity that determines or otherwise affects the rights, obligations and legal interests of a natural or legal person when it is required by law prescribed, so that he is not competent to act in the legal matter in question, so the other allegations of the submitted request are unfounded in this regard," the explanation reads.
They recommended that Vojvodić address the basic court, explaining that the Supreme Court in the cases referred to by Martinović in the appeal was of the opinion that "the election or dismissal of a member of the board of directors of a company is not an administrative dispute or a dispute from the employment relationship, but that for the adjudication of disputes regarding the election or dismissal of a member of the board of directors, it is not the Basic but the Commercial Court that is competent".
"However, due to the conflict of jurisdiction between the Administrative and the Commercial, the Supreme Court took the position that the basic court is competent to judge the aforementioned legal matters, because it is not a dispute to which status (company) law is applied", the explanation concludes. decisions.
Vojvodić was dismissed in October, at the initiative of the members of the Board of Directors of the UCG, who represent the interests of the Government.
The former rector and the government did not agree on the seat of the Medical College from Beran. Vojvodić believed that the VMŠ should be moved to Podgorica for better conditions for practice in the Clinical Center, while the Government assessed that an even development of all Montenegrin regions is necessary.
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