N8.T11 – Mirjana Vučinić Is the Candidate for Judge of the Constitutional Court, It Is Necessary to Also Elect the Remaining Candidates
HRA NEWSLETTER 8 – TOPIC 11
The President of Montenegro, Jakov Milatović, proposed Mirjana Vučinić as a judge of the Constitutional Court and submitted that proposal to the National Assembly of Montenegro.
Milatović stated that if she is elected as a judge of the Constitutional Court, Mirjana Vučinić would “perform her duties professionally, conscientiously and responsibly, contributing to the efficiency of the work of that institution”. Vučinić should replace judge Budimir Šćepanović once he retires.
Despite this step, the NGO Human Rights Action warns of the delay in the election of new judges of the Constitutional Court.
“The fact that at least one of them has not been elected already has a disastrous effect on the efficiency of this court, which now needs about two years to decide in one case”, they stated in the announcement.
We remind that candidates for new judges of the Constitutional Court should replace Milorad Gogić, whose office ended on 30 August 2024, Dragan Djuranović, whose retirement was confirmed on 17 December of the same year and regarding which the Venice Commission is expected to provide an opinion, and Budimir Šćepanović, who has held his position until now, but will not se discharging it after 31 May of this year.
The process of electing Dragana Djuranović’s successor was halted before the Constitutional Committee on June 13 and 14 until the Venice Commission’s opinion, but it is unclear why there is hesitation to select a candidate to replace Gogić – as stated by the Human Rights Action.
In addition, the HRA warns that from 31 May the Constitutional Court will have four judges, out of the prescribed seven, and that only three judges who will remain in office at that time will have a legitimate mandate!
Namely, they explain that out of the five judges who are currently adjudicating, two are doing so unlawfully.
“Based on the imperative provisions of the Constitution and the Law on Pension and Disability Insurance, Budimir Šćepanović and Desanka Lopičić’s judicial offices should have ended in May and June of last year, respectively, when they fulfilled the conditions for retirement having reached 65 years of age, i.e. 40 years of service”, said HRA.
They remind that Šćepanović will be turning 66 at the end of May, and that “if the Constitutional Court of Montenegro decides to apply the Labour Law”, his office will terminate on 31 May.
To prevent legal uncertainty regarding the duration of the mandate of the judges of the Constitutional Court, the HRA suggests that the Constitution should “clearly stipulate that the office of a judge of the Constitutional Court must end when s/he reaches a certain age”. They point to the example of Bosnia and Herzegovina, where the Constitution stipulates that judges can work until they turn 70.
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