N2.T6 – Judicial and Prosecutorial Councils Incomplete; No Response from Political System Committee
HRA NEWSLETTER 2 – TOPIC 6
The Judicial Council has been operating without one member for four months, while the Prosecutorial Council has been missing two members since the resignations of attorneys Siniša Gazivoda and Miloš Vuksanović in August and September 2024, respectively.
On November 11, the Human Rights Action (HRA) formally requested that Vladislav Bojović, the president of the parliamentary Committee for Political System, Judiciary and Administration, include the continuation of the election process for Judicial Council members and the announcement of a competition to fill vacancies on the Prosecutorial Council in the agenda for that body’s session. As of December, however, no action has been taken.
The Assembly had announced a public competition on July 31, 2024, for the election of one distinguished attorney to fill the vacant position in the Judicial Council left by the late attorney Fikret Kurgaš. Despite plans to determine the candidate list during a session on September 5, this has yet to occur. Additionally, the Assembly received notification one week after the deadline that the Prosecutorial Council was also short two members.
“Recognizing the crucial need to fill these positions for the effective functioning of the judiciary, the HRA urged the National Assembly of Montenegro to demonstrate its capability to ensure judiciary operations, as previous inaction had led to stagnation in Montenegro’s negotiations with the European Union. “We appeal to you to expedite these procedures”, stated the HRA in its letter.
A few days after the HRA’s correspondence, Bojović commented to Radio Montenegro that “additional procedural consultations are necessary regarding the Committee’s competencies. However, a procedure will be initiated in this regard in the near future”.
The HRA further emphasized that “the Assembly must demonstrate democratic maturity by responsibly filling vacant positions in state bodies”, noting that previous delays in judicial elections had directly contributed to stagnation in EU negotiations. “Members of the ruling majority have a particular responsibility to showcase the government’s respect for the separation of powers and ensure the seamless operation of the judiciary. They are expected to reform longstanding practices of political influence trading within committees tasked with protecting judicial independence and the autonomy of the state prosecutor’s office”, the HRA declared.
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