N9.T2 – CONSTITUTIONAL COURT IGNORS THE CONSTITUTION AND INTERNATIONAL RECOMMENDATIONS IN THE CASE OF JUDGE LOPIČIĆ’S DISMISSAL
HRA NEWSLETTER 9 – TOPIC 2
On June 26, the Constitutional Court of Montenegro informed President Jakov Milatović that the mandate of the Constitutional Court judge Desanka Lopičić will end at the end of the year due to the expiration of her twelve-year term. Judge Lopičić also voted on this decision, contrary to the recommendation of the Venice Commission.
The NGO Human Rights Action (HRA) protested against the violation of the Constitution and the law regarding the extension of Judge Lopičić’s mandate.
“We also protest the disregard for the Venice Commission’s recommendation that Constitutional Court judges should refrain from deciding on matters that personally concern them, and that they should explain all their decisions. We expect the President of the country to soon propose a new person to the Parliament to replace Judge Lopičić and to stop supporting unconstitutional actions by the Constitutional Court. We call on the executive and legislative authorities to urgently clarify the legal framework for leaving office in the Constitutional Court in accordance with the Constitution of Montenegro and the recommendations of the Venice Commission,” HRA stated.
The NGO reminded that Judge Lopičić met the conditions for old-age retirement last June under the Law on Pension and Disability Insurance, and that her mandate should have ended according to the Constitution of Montenegro, which states that “a Constitutional Court judge’s mandate ends before the expiry of the term when they meet the conditions for old-age retirement (Article 154, paragraph 1).”
“The Constitutional Court did not address this rule or Judge Lopičić’s years of service, but decided, without explanation, that she should continue to perform her duties until her twelve-year term expires in December,” HRA noted.
Human Rights Action also criticized inconsistent treatment from case to case. Judge Dragana Đuranović’s mandate ended when she met the retirement conditions under the Pension and Disability Insurance Law, while in the case of Budimir Šćepanović, the Labour Law was applied.
“It is assumed that the rule on mandatory termination of employment at the age of 66 from the Labour Law was applied. However, it is well known that the Constitutional Court judges are not employed by the Court, which would imply a status governed by the Labour Law, but hold public office instead, which is regulated by the Constitution of Montenegro together with rules on its termination. The Constitutional Court did not explain its position. At the same time, judges of all other courts in Montenegro regularly end their mandates once they meet retirement conditions prescribed by the Law on Pension and Disability Insurance, under the same constitutional rule that should also apply to Constitutional Court judges,” HRA said.
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