The Government of Montenegro has proposed amendments to two laws, according to which the salaries of judges and prosecutors could soon be increased by 30 percent.
Draft laws amending the Law on the Judicial Council and Judges and the Law on the State Prosecutor's Office were published on the Government's website yesterday.
According to the Government's proposal, heads of state prosecutors' offices and state prosecutors are entitled to a salary supplement of 30 percent of their basic salary.
This supplement, as stated in the proposal, does not exclude the right to other supplements to the basic salary, in accordance with the law regulating the salaries of employees in the public sector.
The Trade Union Organization of State Prosecutors' Offices of Montenegro has been insisting for a long time that salaries of state prosecutors, as well as civil servants and employees, be increased.
The draft Law on the Judicial Council and Judges adds two new paragraphs, which also stipulate that judges and court presidents are entitled to a salary supplement in the amount of 30 percent of their basic salary.
"The addition from paragraph 2 of this article does not exclude the right to other allowances to the basic salary in accordance with the law regulating the salaries of employees in the public sector," it is stated in the amendments to that regulation, which were proposed by the Government.
The letter requesting a salary increase for judges was sent in February by the President of the Supreme Court of Montenegro, Valentina Pavličić.
She asked the Prime Minister of Montenegro Milojko Spajić, Deputy Prime Minister Momo Koprivica, Minister of Justice Bojan Božović, and Minister of Finance Novica Vuković for an "urgent temporary solution to the issue of judges' salaries."
Pavličić then said that she believes that the already agreed increase in the salaries of judicial office holders is necessary and as soon as possible.
"...Since the existing legal solution has been in force since 2016, and the coefficients for calculating salaries have been reduced twice so far in 2017, by around 15%. The level of existing salaries is not proportionate to the cost of living, does not correspond to the complexity of the work performed by judges, and does not provide a balance between the level of responsibility of the judicial function and the protection of the dignity of all judges in Montenegro," said the President of the Supreme Court.
She also pointed out that "the crisis in which the judiciary finds itself is obvious, in terms of material working conditions, motivation to enter and remain in the judicial profession," and demanded rapid and significant intervention by the state.
Pavličić also highlighted good practice in the regional field, where the Republic of Croatia, the Republic of Serbia, as well as Bosnia and Herzegovina, have previously adopted the manner of enacting special laws regulating the salaries and other income of judges and prosecutors.
In her letter to Spajić, she also said that the judiciary is in a serious crisis in terms of material working conditions, and that rapid and significant state intervention is important for motivation to enter and remain in the judicial profession.
She also reminded that Montenegro is obliged to adopt a law that will finally adequately regulate the issue of judges' salaries, based on adopted international regulations and standards, as well as national legislation and strategic documents, which have been significantly amended precisely in order to fulfill international obligations and ensure a faster integration path for Montenegro into the European Union.
"The goal of these norms, and related positive obligations, is always the same: preserving the independence and autonomy of courts and judges," said Pavličić in her address to the Prime Minister.
Bonus video:
