Pavličić: It's a time of great noise, some processes are more in the media and politics than they should be

Montenegro has entered a decisive phase of European integration and the success of reforms in the area of ​​the rule of law no longer depends solely on the judiciary, but on the ability of all institutions to responsibly exercise their constitutional powers, said Valentina Pavličić, President of the Supreme Court of Montenegro.

At the session of the Parliamentary Committee for the Political System, Judiciary and Administration, where the Report on the Work of the Judiciary was presented, she emphasized that the judiciary does not seek privileges or protection from criticism, but rather conditions to professionally, impartially and independently perform its constitutional function in the interest of the state and all citizens.

Pavličić, as announced by the Supreme Court, emphasized that courts do not participate in political processes, do not create public policies and do not pass laws, but rather apply the law equally to everyone, protecting legality, legal certainty and the rights of citizens.

She said that the public must understand one of the essential assumptions of the functioning of the rule of law, that courts decide within the legislative framework created by other branches of government and based on facts and evidence collected by competent state authorities.

"When the law is not clear enough, when it does not follow social and economic changes, or when it does not provide precise answers to contemporary challenges, the consequences are inevitably reflected in the work of the courts. The judicial branch cannot replace what the law has not regulated," said Pavličić.

Pointing to the importance of the quality of legislation, Pavličić emphasized that Montenegro needs clear, predictable, applicable and European-harmonized laws, which will contribute to the legal security of citizens and the economy, and not create additional dilemmas in their implementation.

She emphasized that the independence of the judiciary does not imply isolation, but rather institutional cooperation based on mutual respect for constitutional competences and the understanding that the success of reforms in the area of ​​the rule of law cannot be the responsibility of a single institution.

Pavličič said that Montenegro's European path has entered its final phase and that the judicial branch has accepted its share of obligations and is working intensively on them, which is also recognized in the documents of the European Commission.

"As someone who is speaking today in front of almost 300 Montenegrin judges, I expect the same level of determination when it comes to constitutional reforms, improving the legislative framework, strengthening institutional capacities and creating conditions for the smooth operation of the judiciary," said Pavličić.

She also emphasized that, now that Montenegro is on the verge of closing negotiation chapters 23 and 24, a significant part of the responsibility lies with both the legislative and executive branches, which must more quickly harmonize legal solutions with the needs of modern society, economic development and international standards.

"The courts are rightly expected to be responsible for what they do, but the other two branches of government must also be expected to be responsible for what they do not do," said Pavličić, adding that the reflection of an entire society is reflected precisely in its judiciary.

Speaking about the challenges facing the judicial system, Pavličić pointed out the need to urgently address the issue of judicial retirement and adopt a special law that would systematically regulate labor rights, including clear criteria for the retirement of all judges and prosecutors, in accordance with the recommendations of the Venice Commission and European standards.

She also recalled the long-standing problems of inadequate spatial and technical capacities of the judiciary, lack of human resources, administrative staff and information and communication infrastructure, especially in the Supreme Court, the High Court in Podgorica, the Special State Prosecutor's Office, as well as in the work of the Judicial and Prosecutorial Councils.

Pavličić assessed that the state must urgently and decisively respond to these challenges, including accelerating the implementation of the project of the future Court Complex, as a long-term infrastructure solution for the needs of the Montenegrin judiciary.

She warned against the practice of public commenting on active court and prosecutorial cases by political actors and high-ranking state officials.

As she pointed out, legitimate public criticism of any institution is an integral part of a democratic society, but political actors, especially those who hold the highest state positions, must be aware of the responsibility their public statements carry.

"They must refrain from statements that may constitute or be perceived as an attempt to influence judicial and prosecutorial decisions or as undermining their work," Pavličić said.

Speaking about the results of the work of the courts, Pavličić pointed out that there has been an increase in efficiency at almost all levels of judicial authority, with increased productivity and continuous strengthening of the trust of citizens and businesses in judicial institutions.

She emphasized that trust in the judiciary cannot be the result solely of the work of the courts, but of the overall social environment in which the institutions function.

"Citizens' trust in the judiciary cannot be restored only through our quality and efficient work, but also by creating an environment in which we will work unhindered and independently," said Pavličić.

She also pointed out the need for stronger communication between institutions and citizens, emphasizing that a significant part of the public does not even know the legal regulations they need on a daily basis, which is why it is necessary to improve legal culture and develop systematic information for citizens about their rights and obligations.

According to Pavličić, before passing laws, modern democratic societies communicate intensively with all social groups to which the legal solutions will apply, while after their adoption, laws are further brought closer to citizens through public campaigns and practical explanations of their application.

She also announced the strengthening of communication between the judicial authorities and citizens, the professional public and institutions, through education and better access to information, with the aim of strengthening understanding of the role of the judiciary and improving the legal culture of society.

Speaking about the pressures that the judiciary is exposed to on a daily basis, Pavličič said that certain processes today belong more to the media and political space than to courtrooms.

"There is a lot of burden on the courts and judges, because it is a time of great noise and some processes are more in the media and politics than they should be. Because they should be in the courtrooms. Let us work," Pavličić said.

As she said, history has shown that a state is not strong when its institutions are loud or oriented towards criticism of others, but when its institutions are responsible.

The judiciary, as Pavličič concluded, is ready to continue to assume full professional responsibility for its work, but expects all other institutions of the system to show the same responsibility.

"Only in this way can Montenegro build a modern European state based on the rule of law, mutual respect for institutions and the trust of citizens," concluded Pavličić.