The Institute Alternative (IA) announced that it is proposing amendments to the Constitution that will, as they stated, strengthen the supervisory function of the Prosecutorial Council (PC).
"The Institute Alternative has sent the Ministry of Justice an initiative to amend the Constitution of Montenegro in the part relating to the position and competences of the Prosecutorial Council, with the aim of strengthening its independence, responsibility and balance within the state prosecution system," reads the IA statement signed by the President of the Board of Directors, Stevo Muk.
They said they are calling on the Ministry of Justice to seriously consider these proposals in the process of planned constitutional amendments, taking into account the recommendations of the Venice Commission, international standards and experiences from domestic practice.
"The Institute Alternative believes that it is necessary to: strengthen the non-prosecutorial part of the membership of the Prosecutorial Council through constitutional amendments; prescribe an absolute majority of deputies for the election of members who are reputable lawyers; prevent the concentration of management and supervisory power in one person; and clearly regulate the obligation of the Prosecutorial Council to ensure the legality of the prosecutorial function," the statement reads.
The aim of the proposed changes, as the IA adds, is not to weaken the prosecution, but to strengthen its institutional accountability and public trust in its work.
"The initiative proposes: Deleting the constitutional provision according to which the Supreme State Prosecutor ex officio chairs the Prosecutorial Council, as well as reviewing his membership in that body, due to the obvious conflict of interest and concentration of power; Introducing an obligation for members of the Prosecutorial Council to be elected by a majority vote of all deputies, instead of a simple majority, in order to ensure a broader political consensus; Amending the Constitution to clearly stipulate that the Prosecutorial Council 'ensures that the prosecutorial function is performed in accordance with the Constitution and the law', in line with previous recommendations of the Venice Commission; Establishing a balanced composition of the Prosecutorial Council, by strengthening the rights of those members with regard to access to information, oversight of the work of the prosecutor's office and launching initiatives to establish accountability," the IA statement states.
As stated by the IA, the constitutional solution according to which the Supreme State Prosecutor simultaneously heads the State Prosecutor's Office and chairs the Prosecutorial Council creates a systemic incompatibility of functions.
"The person responsible for the legality of the work of the prosecutor's office simultaneously heads the body that is supposed to supervise that work. The Institute Alternative points out that after the appointment of the new Supreme State Prosecutor in 2024, positive oversight practices have been weakened or rendered meaningless," the statement reads.
As the IA adds, the Venice Commission suggested back in 2007, when drafting the Constitution of Montenegro, that the function of the Prosecutorial Council should include oversight of the legality of prosecutorial activities.
"It also warned of the risk that prosecutors in the councils may vote 'in bloc', following hierarchical instructions, which may weaken the control function of that body. The Venice Commission stressed that the Prosecutorial Council without a strong and truly independent component cannot be an effective mechanism for checking the power of the highest prosecutors," the IA said in a statement.
They also said that they warn that the amendments to the 2024 Law on the State Prosecutor's Office further strengthen the dominant position of prosecutors in the Prosecutorial Council and its committees, thereby deepening the institutional imbalance.
"Such a structure creates the risk of corporatism – a closed decision-making system with strong internal solidarity and limited external control. While prosecutorial autonomy is crucial for protection from political influence, international standards clearly require that it be balanced by accountability, transparency and effective oversight," the statement concluded.
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