Nine new judges have been appointed to 11 basic courts and the Appellate Court in the past year, but these institutions still lack 24 judges in relation to the systematization. The most critical situation is in Herceg Novi, where only three out of the planned seven judges are sitting, and in Kotor, 12 out of the planned 16 judges are sitting.
The Judicial Council points out that 20 candidates for judges of basic courts in the central and southern regions are undergoing initial training at the Judicial and Public Prosecutor's Office Training Center, five of whom will complete their training by the end of this year and will be offered all vacant judicial positions in the courts of the region for which they were selected.
It is expected, they say in the Judicial Council, that some of the candidates will choose to perform judicial functions in the basic courts in Herceg Novi and Kotor, especially since the amendments to the Law on the Judicial Council and Judges from 2024 stipulate that judges who are assigned to perform judicial functions in a court outside their place of residence, among other things, are entitled to transportation costs if the court is less than 50 kilometers from their place of residence, i.e. the right to an official apartment or rent compensation, transportation costs for visiting family, as well as the right to compensation for expenses for living apart from family, in accordance with the law.
The procedure for filling vacant judicial positions is prescribed by the Law on the Judicial Council and Judges, as well as the necessary general and special conditions that a person must meet, whether in the promotion procedure or in the first election for a judge of first instance courts.
The very dynamics of completing the election process depends on several factors, namely the type of court for which vacant judicial positions are being filled.
The Judicial Council emphasizes that the dynamics are predetermined for filling judicial positions in basic courts, misdemeanor courts, the Administrative Court of Montenegro and the Commercial Court of Montenegro. In compliance with the legally prescribed procedures, candidates are tested within the deadlines prescribed by the Rules of Procedure of the Judicial Council, as well as interviews with candidates. Finally, after the selection of candidates, the selected candidates are sent for initial training at the Center for Training in the Judiciary and State Prosecutor's Office, which lasts 12 months for judges of basic courts, or 6 months for other courts.
This institution points out that filling a vacant judicial position, for example the promotion of just one judge to the Supreme Court of Montenegro or the Court of Appeal of Montenegro, does not only represent the election of one judge, but also results in a shift within the judicial system of at least two, and most often three, judicial positions.
During the previous year, procedures were conducted in the Basic Court in Berane for the election of new judges to fill vacant positions, which resulted in the election of three new judges.
"Practical training of three candidates for judges is underway, which should be completed in the first half of next year, after which it is expected that the court will have a complete judicial staff according to the systematization, the decision on the number of judges in the courts," points out Ivan Došljak, president of this basic court.
In the Basic Court in Kotor, as the president of this court points out Srdjan Klikovac, the systematization provides for 16, and currently 12 judges are sitting, including the president. Three judges are absent, a judge Miso Jakšić has requested a dismissal from the Judicial Council, while one position is vacant.
There have been no changes in the number of judges in the Basic Court in Herceg Novi in the last year, he says. Vesna Gazdić, the president of the Court. She points out that three candidates for judges are undergoing training, but that it is not known whether or which of them will be assigned to this basic court. The candidates' training will end in the middle of next year.
In the Basic Court in Kolašin, according to the current Systematization Rules, the work is provided for by two judges and a court president. Currently, this court employs two judges and a court president, and from November 2022 to November 2024, there was one judge and a court president. Only since the retirement of the previous judge has another judge been elected.
"The election of the judge has not resolved the issue of his permanent stay in this position, given the fact that the newly elected judge is a person with a disability, permanently residing in Podgorica, so once the legal requirements are met, this person will most likely seek a voluntary transfer to the court of his place of residence," he points out. Mirjana Čepić, the President of the Court, who emphasizes that this court, given that all judicial positions are filled, has not been given the opportunity to enter the procedure for hiring new judges.
In the Basic Court in Nikšić, in September, two judges took up their judicial positions, bringing the total number of judges and presidents to 13. Sanja Nikić.
In the Basic Court in Pljevlja, one candidate is undergoing initial training, and in the Basic Court in Cetinje, the position of court president has been vacant since March this year.
Court of Appeals proposes increasing the number of judges
The Decision on the Number of Judges in Courts in Montenegro establishes that for the lawful and timely performance of judicial functions in the Court of Appeal of Montenegro, a court president and 12 judges are required, and the judicial function in the Court of Appeal of Montenegro is currently performed by nine judges and a court president.
Since 2024, four judge positions have been vacant in this court, and in April 2025, one judge was elected to this court, while three judge positions remain vacant.
On September 12, 2025, the Judicial Council of Montenegro published a public advertisement for filling one judicial position in the Court of Appeal of Montenegro, and this procedure is ongoing.
"Given the jurisdiction of the Court of Appeal of Montenegro, the increase in the number and factual and legal complexity of cases that come before this court for decision in both legal matters (civil-commercial and criminal), and the fact that the number of judicial office holders in the criminal department of the Higher Court in Podgorica, which as a lower-instance court falls under the jurisdiction of this court, has increased by six, the President of the Court of Appeal of Montenegro, in accordance with the powers granted to her by law, in December 2024 addressed the Judicial Council of Montenegro with a proposal to increase the number of judges necessary for the efficient and prompt performance of judicial functions in this court," the Court of Appeal points out.
The Judicial Council, according to this institution, is aware of the problems of the lack of judges in the Court of Appeal, and among other things, at the session held on October 14, 2025, it was concluded that a final position on the request will be taken after a thematic session and after the issue of filling judicial positions is reviewed within the entire judiciary, that is, the courts.
System downtime
The biggest problem is not just the lack of staff, but the lengthy and inefficient appointment procedures that create systemic gridlock and discourage new staff, says Nevenka Vuksanović, director of the Center for Democracy and Human Rights (CEDEM).
"The 'unified system of elections at the state level' means that judges do not know at the time of application which court they will be assigned to, which creates particular uncertainty for them, especially for those with family obligations. This model, introduced as a temporary solution within the framework of the negotiating chapter 23, has in practice led to a decline in interest, demotivation and a violation of the meritocratic approach. Judges who want to work in the communities they come from often give up their applications, while at the same time there is a strong concentration of interest for positions in the capital," Vuksanović points out.
She adds that the lack of financial and other incentives further deepens the gap, as few judges and prosecutors want to apply for positions in the south of the country, where the cost of living is significantly higher.
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