N5.T3 – Montenegro’s Constitutional Court: An Endless Saga
HRA NEWSLETTER 5 – TOPIC 3
For months, there has been unrest within and around the Constitutional Court of Montenegro. The situation reached a breaking point with the termination of Judge Dragana Đuranović’s position and the subsequent blockade of the Parliament of Montenegro by the opposition in protest. This was compounded by the identification of a conflict of interest involving Judge Budimir Šćepanović, the debate over which court should handle Judge Đuranović’s lawsuit, and concerns regarding candidates applying for two judge positions announced by different proposers, despite the clear legal ban.
The Agency for Prevention of Corruption determined that Constitutional Court Judge Budimir Šćepanović violated the Law on Prevention of Corruption by failing to recuse himself in December 2024 from determining whether he met the conditions for the termination of his judicial position.
“He did not refrain from taking actions where there was a risk of a conflict of interest,” stated the decision from the Agency for Prevention of Corruption, which was made following an initiative from the NGO Human Rights Action.
According to Tea Gorjanc Prelević, the executive director of HRA, the Agency’s decision does not affect Judge Šćepanović’s current position or the call for his replacement made by President Jakov Milatović. However, it should result in Judge Đuranović being excluded from deciding whether Judge Desanka Lopičić’s position should be terminated during the next Constitutional Court session.
“It is very concerning that both judges (Šćepanović and Lopičić) are still holding office in the Constitutional Court, even though they have long met the mandatory retirement conditions under the Pension and Disability Insurance Law,” Gorjanc-Prelević told Vijesti.
Meanwhile, the Basic Court in Podgorica declared itself “absolutely incompetent” to handle the case of former Constitutional Court Judge Dragana Đuranović against the Parliament of Montenegro. On February 12, she filed a lawsuit demanding the annulment of the Constitutional Committee’s conclusions regarding her retirement conditions and the President of the Parliament’s declaration of her termination. She also requested reinstatement to her position in the Constitutional Court.
“The first-instance court found that the subject of the lawsuit involved acts of the highest legislative body, made under the constitutional powers of Parliament. These can potentially be subject to a review of constitutionality, which cannot fall under the purview of regular courts. This is the original constitutional jurisdiction of the Constitutional Court, and it would be constitutionally unacceptable for regular courts to annul the decisions of Parliament,” stated the Podgorica Basic Court.
While the dispute over the Constitutional Court continues, President Jakov Milatović has compiled a list of candidates for the position of one Constitutional Court judge. The candidates are Danilo Ćupić, Duško Jovović, Mirjana Vučinić, Dejan Vukšić, Nataša Radonjić, Nikola Golubović, Jovan Kojičić, Alija Beganović, and Nenad Đorđević.
Beganović, Kojičić, and Đorđević applied for two calls for Constitutional Court judges: one announced by the Constitutional Committee and the other by the President of the country, despite the Law on the Constitutional Court stating that an individual cannot apply for both calls. However, they later withdrew their applications from the President’s call.
At the February 21 session, the Constitutional Committee adopted the report from the commission regarding the selection of two judges through a public call issued on December 23, 2024. The report noted that the candidates who submitted timely and complete applications include Beganović, Kojičić, Đorđević, Marko Blagojević, Goran Velimirović, Zoran Vukićević, Nerma Dobardžić, Jovan Jovanović, Muhamed Đokaj, Sanja Maslenjak, Medina Mušović, Mirjana Radović, and Milva Prelević.
The Constitutional Court currently has five out of seven judges. The calls from the Constitutional Committee are for the successors of Milorad Gogić and Dragana Đuranović, while President Milatović’s call aims to replace Judge Budimir Šćepanović. Šćepanović remains in the Constitutional Court despite having met the retirement conditions stipulated by the Pension and Disability Insurance Law. Judge Desanka Lopičić also continues to serve, even though her judicial position should have ended months ago in accordance with the Constitution and the Pension and Disability Insurance Law. A session to decide on the termination of her position has yet to be scheduled.
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