The 2011 European Commission’s Progress report on Montenegro still demonstrates serious concerns regarding the independence of Montenegrin judiciary system because, among else, the assessment of the extent to which the criteria have been met for the election of judges remains in the exclusive competence of the Judicial Council.
HRA has been emphasising for some time that in order to achieve balanced and objective assessment of judicial candidates, the Judicial Council needs to prescribe specific parameters within Judicial Council Rules of Procedure for assessing and meeting criteria and sub-criteria laid down in the Law on Courts and Law on Judicial Council. In other words, besides prescribed points of assessment i.e. criteria it is necessary to define on what basis criteria will be assessed by marks raging from 1 to 5. Prescribing parameters for assessment is the only way to standardise methods for appointment and promotion of judges minimizing arbitrary and biased decisions. (We elaborated this issue in the publication “Assessment of the Reform of Appointment of Judges in Montenegro 2007 – 2008”, available at HRA website https://www.hraction.org/wp-content/uploads/hra-analiza_reforme_izbora_sudija_u_crnoj_gori-cg.pdf )
Since the Rules of Procedure was supposed to be adopted on 12th October 2011 HRA sent a letter emphasizing the importance of the adoption of parameters for assessment of fulfilment of the criteria by the candidates for judicial posts.
Human Rights Action is implementing the project “Monitoring of the Judicial Council” financially supported by East West Management Institute, USAID contractor, and Foundation Open Society Institute.
