Vacancies Persist in Constitutional Court; Constitutional Committee Elects New President
Jelena Božović, a member of the National Assembly from the New Serbian Democracy party, has been elected as the new President of the Constitutional Committee of the National Assembly of Montenegro as of November 19. Her appointment has paved the way for announcing a competition to fill the position of the seventh judge on the Constitutional Court.
The Constitutional Committee has been unduly hesitant to proceed with the election of the seventh judge, despite the process being feasible nearly six months ago when the former President of the Constitutional Court, Milorad Gogić, reached retirement age and vacated his position. This has resulted in a significant blockade of the Constitutional Court’s operations. A recent illustration of this issue is reflected in the decision regarding constitutional complaints from the Democratic Party of Socialists concerning the electoral process in the municipality of Kotor, which resulted in a tie due to a lack of majority votes.
Adding to the challenges faced by the Constitutional Court, one judge is set to retire in December, and two other judges have been acting in cases for months despite having met the retirement criteria. This situation poses a serious threat to both the functioning of the Constitutional Court and the broader realization of justice in Montenegro.
Pursuit of Enhanced Salaries for Interns in Courts and Prosecutor’s Offices
Interns within the courts and state prosecutor’s offices of Montenegro are seeking a meeting with the Ministry of Finance to advocate for increased salaries and adherence to the provisions of the Labour Law. They contend that they face discrimination compared to other employees holding a VII-1 degree of professional qualification. Currently, interns receive a minimum salary of approximately EUR 600; however, they assert that compensation should be raised to at least EUR 800, as stipulated by the Labour Law for employees with VI and higher degrees of professional qualification.
In its response, the Ministry of Finance clarified that, according to the General Collective Agreement, the salary for interns is determined by a job complexity coefficient that cannot fall below 70% of the remuneration for the corresponding job group. As defined in the Agreement, the coefficient for interns is set at 7.14, resulting in a salary lower than the minimum prescribed by the Labour Law for employees with VI and higher degrees of professional qualification. Interns regard the Ministry’s interpretation of the statutory provisions as arbitrary and have signaled their intention to continue advocating for their rights.
Court Experts Advocate for Institutional Changes
Court experts play a crucial role in the judicial system, and their professionalization and status enhancement have emerged as key priorities, as highlighted during the conference marking the 24th anniversary of the Association of Court Experts of Montenegro. Minister of Justice Bojan Božović announced plans to amend the Law on Court Experts by the end of 2024, emphasizing that the establishment of a Chamber of Court Experts would strengthen professional standards, clarify responsibilities, and improve working conditions.
Marko Lakić, President of the Association, underscored the significant challenges posed by the current legislation, including inadequate fee structures and a lack of oversight. He called for the institutionalization of court experts through mandatory membership in a unified organization. Conference participants stressed the need for a more precise delineation of responsibilities, enhanced oversight mechanisms, and the provision of professional support to ensure that court experts can effectively contribute to a fair and efficient judiciary.
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