Katnić: With the express election of the new GST, my eventual lawsuit to the Administrative Court would be meaningless

Former Chief Special Prosecutor Milivoje Katnić announced that "the express" election of his successor "made senseless" his eventual lawsuit to the Administrative Court for annulment of the decision of the Prosecutor's Council on the termination of his office.

In the press release, Katnić stated that "in the event that a new chief special prosecutor is elected before the administrative dispute before the Administrative Court is concluded, this administrative matter would become irrelevant, and even in the event that the Administrative Court of Montenegro adopts my lawsuit and annuls the original decision Prosecutor's Council".

We transmit Katnić's speech in its entirety

"On February 17.02.2022, 1, the Prosecutor's Council, after making the decision that I met the requirements for an old-age pension, announced a public advertisement TSO No. 22/XNUMX for the election of a new Chief Special Prosecutor.

The aforementioned was done by the Prosecutor's Council contrary to the provisions of Article 56 of the Law on the State Prosecutor's Office, which ordered that body to adopt a new plan for vacant prosecutor positions before announcing any advertisement, given that, in addition to me, the position of 9 other state prosecutors has ended , and the aforementioned procedure, in addition to the legal obligation, also had its own logical basis.

Why did the Prosecutorial Council "hurry up" with announcing the announcement for the election of the Chief Special Prosecutor, even though it was aware of its obligation to adopt the above-mentioned plan for prosecutorial vacancies, and what was stated by the president of that body, Acting Supreme State Prosecutor Maja, at the very session of the Prosecutorial Council Jovanovic?

There was no justification for the urgency of the action, given that the session of the Special State Prosecutor's Office for 2022 appointed special prosecutor Saša Čađenović as my deputy, who could perform the duties of acting Chief Special Prosecutor until the election of a new Chief Special Prosecutor in the regular procedure , and which is provided for in Article 137 paragraph 3 of the Law on the State Prosecutor's Office, which stipulates that the head of the State Prosecutor's Office in case of absence, inability to work or expiry of the mandate is replaced by the State Prosecutor, who is appointed by the session of the State Prosecutor's Office for each calendar year, upon proposal head of the state prosecution.

The reason is very simple.

The "express" election of a new Chief Special Prosecutor would render meaningless my eventual lawsuit to the Administrative Court of Montenegro for the annulment of the decision of the Prosecutorial Council on the termination of my position as Chief Special Prosecutor, considering that in the event that a new Chief Special Prosecutor is elected before the end of the administrative dispute before the Administrative Court of Montenegro, this administrative matter became moot, and even in the event that the Administrative Court of Montenegro adopts my lawsuit and annuls the original decision of the Prosecutor's Council.

In order to speed up the above-mentioned process of finding my "replacement", I would like to point out that, despite the legal obligation from Article 105 paragraph 4 of the Law on the State Prosecutor's Office, I have not been sent a decision on the termination of the prosecutor's office, and such a decision has not been sent to me. nor to the Special State Prosecutor's Office, nor was it published in the "Official Gazette of Montenegro" even though the advertisement for the election of the new Chief Special Prosecutor was published with lightning speed in the "Official Gazette of Montenegro No. 8/22-Advertising Section" dated February 18.02.2022, XNUMX.

In order for the public of Montenegro to verify these claims of mine, and I with the same public, I submitted a request to the President of the Prosecutorial Council, Acting Supreme State Prosecutor Maja Jovanović, on February 18.02.2022, XNUMX, which was duly delivered to her on the same day, to urgently deliver the decision of the Prosecutor's Council stating that my position was terminated.

Instead of submitting a written decision against which I could file an appeal and exercise my basic human rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Secretariat of the Prosecutorial Council informs the Special State Prosecutor's Office via e-mail that at the II session of the Prosecutorial Council held on 17 On February 2022, the state prosecutor Milivoj Katnić was terminated, taking into account that the condition for exercising the right to an old-age pension has been met. At the same time, the Special State Prosecutor's Office is informed that the written decision will be delivered later.

So, it is completely clear, according to the folk saying "Travel Abbot, don't worry about the monastery."

Again and again, my basic human rights are violated, all for the sake of realizing the above-mentioned conspiratorial plan," stated Katnić's address.