N5.T6 – Two Million Euros Disbursed to Judges Upon Termination of Their Terms
HRA NEWSLETTER 5 – TOPIC 6
Judges in Montenegro whose terms ended between the beginning of 2020 and the end of last year received €2,172,239 in allowances after leaving office. Of the 87 judges across all courts who received this payment, more than half—49 judges—resigned, according to data from the Center for Investigative Journalism.
Judges as well as state prosecutors exercised their right, granted to every official in Montenegro, to request a monthly allowance equal to their last salary for one year after leaving office if they have not found a new job or retired. This allowance can be extended for up to two years if the official needs to retire within that timeframe. In the last two years alone, 29 judges and 11 prosecutors resigned, as noted in Bulletin No. 3.
Due to the regular practice of paying such allowances, the NGO Human Rights Action has proposed changes to the Law on Salaries in the Public Sector, along with amendments to the Laws on the Judicial Council, Judges, and the State Prosecutor’s Office, aimed at limiting compensation rights after leaving office. They also suggested that individuals who resign should not be entitled to these allowances or severance payments.
“Resigning is an easy way out for some irresponsible individuals because all the pressure disappears, but the compensation remains… If a judge or prosecutor is guilty of a disciplinary violation, resignation becomes an ideal solution, as it immediately halts the disciplinary process without the loss of their right to the allowance. Moreover, the paid allowances continue even if a judge or prosecutor is later convicted of a crime that would have resulted in their dismissal if they had not resigned,” said Tea Gorjanc-Prelević, Executive Director of Human Rights Action.
An investigation by CIN-CG also revealed that from 2020 to the end of last year, judges received over €300,000 in compensation for lawsuits they filed against the state and disputes before the Agency for the Peaceful Resolution of Disputes. They claimed compensation for unused vacation days, unpaid on-call allowances, and reduced salaries during the COVID-19 pandemic. Among those who filed lawsuits were former President of the Supreme Court Vesna Medenica, as well as judges from that court, including Miraš Radović (former minister of justice), Svetlana Vujanović and Hasnija Simonović (former president of Association of judges).
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