The proposed amendments to the Constitution represent an opportunity for the de-politicization of the judiciary, State Prosecutor’s Office and Constitutional Court, as the Parliament will no longer be competent for the appointment of the President of the Supreme Court, President of the Constitutional Court and state prosecutors, while the judges of the Constitutional Court, Supreme State Prosecutor and four members of the Judicial Council from outside the ranks of judges will be appointed through qualified, two-thirds majority of all MPs, which ensures the participation of the opposition in their appointment.
However, not all of the proposed solutions are consistent and in accordance with the recommendations of the Venice Commission, and if they are not changed or properly specified, they will not allow for the achievement of the goal – de-politicization of the judiciary, State Prosecutor’s Office and Constitutional Court.
Assessment of Draft Amendments to the Constitution of Montenegro of 10 July 2013 is available here.