The Administrative Court accepted the lawsuit of former Acting President of the Supreme Court Vesna Vučković, requesting that the Judicial Council's decision rejecting her request to receive compensation in the amount of the salary she received in the last month before her termination of office be reversed.
The Administrative Court has issued a ruling annulling the decision of the Judicial Council to reject Vesna Vučković's request, RTCG reports.
She resigned from her judicial position in early December last year. After resigning, she requested compensation, claiming that she was entitled to it by law.
The Judicial Council, chaired by Judge Veljko Vujović, stated that the lawsuit was well-founded and that the Judicial Council violated the rules of procedure and the Law on Administrative Procedure, because the explanation of the decision should contain reasons that point to the decision.
"It is clear that the reasoning of the contested decision failed to state the established factual situation, as well as the evidence on the basis of which it was established, and that factual situation would ultimately be linked to the substantive regulation. Instead of stating the factual situation and applying substantive law, the defendant indicates that the practice and interpretation on this issue should be changed, because the meaning of the aforementioned norm does not lead to the conclusion that every judge who terminates his employment on his own initiative exercises his right in accordance with this provision," the Administrative Court's ruling states.
The Court is of the opinion that the decision cannot be without any justification, and that the lack of reasons and justification constitutes a violation of Article 6 of the European Convention on Human Rights.
"It should be noted that the allegations in the lawsuit that the disputed decision was made contrary to previously made decisions by the defendant authority are well-founded, thus violating the right to legitimate expectations," the Administrative Court added.
The court accepted the complaint and annulled the decision of the Judicial Council, obliging it to act in the new proceedings in accordance with the observations from this judgment.
As a Supreme Court judge, at the 2021 Judicial Council session, she was elected to lead that branch of government in an acting mandate.
She was elected as a judge of the Supreme Court in 2017. Prior to that, she was a judge of the Administrative Court of Montenegro and a judge of the Basic Court in Kotor.
Bonus video:
