HRA: Allow judges and state prosecutors to work until the age of 67

The Human Rights Action (HRA) submitted suggestions to the Draft Law on Salaries and Other Rights Related to the Performance of Judicial and Constitutional Court Functions, including a proposal to allow judges and state prosecutors to perform their duties until the age of 67.

HRA announced that they submitted five proposals and suggestions for the draft law to the Ministry of Justice during the public hearing.

“The proposals concern two key issues of public interest: how long judges and state prosecutors should remain in office and whether they should receive an official's allowance for a year or more after they voluntarily leave office — issues that directly affect the efficiency of the judiciary and the state budget,” the statement said.

The HRA said that they proposed that judges, state prosecutors, and judges of the Constitutional Court be allowed to hold office until the age of 67 in the future, because remaining in employment until that age is possible for other citizens.

"The 66-year age limit, proposed by the Ministry of Justice, creates inequality between professions, because recent amendments to the Labor Law allow employees in other professions in Montenegro to work until the age of 67," the statement said.

The HRA pointed out that premature retirement from office in the judiciary is harmful due to the already existing serious shortage of judges and state prosecutors.

As they said, the departure of the most experienced will further jeopardize efficiency.

"When it comes to compensation upon termination of office (official compensation), we proposed that this right be abolished in the event of resignation, because the compensation should protect those whose office is terminated against their will (expiration of mandate and permanent loss of ability to perform the function), instead of being a financial incentive to voluntarily leave the office," the statement says.

As HRA said, they also proposed abolishing the extension of the payment of the allowance for another year when the right to a pension is acquired during that period, because this allows for planning resignation in relation to exercising the right to a pension and receiving the full amount of salary without holding office.

"Even a one-year, let alone a two-year paid vacation at a time when the state is struggling with a backlog of cases is irrational," the non-governmental organization (NGO) added.

They said that it should be borne in mind that Slovenia and Bosnia and Herzegovina do not provide for such a right at all, while North Macedonia does not allow it in cases of resignation.

"In Croatia, only judges of the Constitutional Court are entitled to a maximum one-year allowance, while in Serbia it lasts for three months, with the possibility of an extension for another three months if the beneficiary becomes entitled to a pension during that period. In Kosovo, only the presidents of the Constitutional and Supreme Courts and the Supreme State Prosecutor have this right," the statement said.

HRA said that last year in Montenegro, more than 278 thousand EUR was paid out to judges and state prosecutors on the basis of official remuneration, of which almost 180 thousand to state prosecutors and almost 99 thousand to judges.

They stated that, at the same time, the state is short of 29 state prosecutors (20 percent of the planned number) and 39 judges (12 percent).

The same problem, as HRA said, applies to other public officials.

This NGO believes that it is necessary to amend the Law on Salaries of Public Sector Employees in order to limit the right to compensation upon termination of office.

They added that last year, more than 700 thousand euros were paid to all public officials on this basis.

HRA reminded that the Action for Social Justice previously submitted an initiative to the Constitutional Court to review the constitutionality of Article 36 of the Public Sector Employees' Salaries Act, which provides for these benefits, but a decision has not yet been made on this matter.

They said that they proposed that the law more adequately regulate the salaries of interns and advisors in the judiciary, if this issue is not regulated by a separate law.

"We proposed that interns have the right to earn at least the minimum wage for the VII level of educational qualification, and advisors at least the average wage in Montenegro," the statement said.

HRA said that they expect the proponent of the law to consider and accept their proposals, or to respond to them, before sending the draft into parliamentary procedure.