N9.T3 – FROM BRUSSELS: WHAT IS NEEDED TO MEET THE FINAL BENCHMARKS IN CHAPTERS 23 AND 24
HRA NEWSLETTER 9 – TOPIC 3
If Montenegro wants to meet all the final benchmarks in negotiation chapters 23 (judiciary and fundamental rights) and 24 (justice, freedom, security), especially in the areas of the judiciary, fight against corruption, and organized crime, it will need to work much harder and show strong political commitment. This was stated in the latest informal document (non-paper) from the European Commission regarding our progress in chapters 23 and 24.
It is noted that positive initial results have been seen in the judiciary, but the implementation of reforms remains insufficient. Brussels points out the need to further strengthen the independence of the Judicial and Prosecutorial Councils and stresses that the Minister of Justice’s membership in the Judicial Council must be removed. They also call on the Parliament of Montenegro to complete all tasks related to filling the vacant seats in the councils (one vacancy in the Judicial Council, two in the Prosecutorial Council).
“The Parliament must urgently and decisively proceed with appointing new members to both councils without delay,” the European Commission states.
The document also addresses the evaluation and appointment of judges.
“There is no separate law on judges’ labor rights, and the flaws in the existing rules on the evaluation of judges and court presidents have not yet been resolved. Montenegro must consistently ensure fast appointments to high judicial positions based on merit and transparency,” Brussels emphasizes.
Our European partners warn that pressures and public comments from high officials on the work of judges and prosecutors harm the situation and increase distrust in the judiciary.
It is also assessed that judicial efficiency is unsatisfactory, with more new cases than resolved ones, especially in the Administrative Court of Montenegro.
The report also comments on events related to the Constitutional Court that contributed to an institutional and political crisis after the Parliament declared the mandate of judge Dragana Đuranović ended due to retirement eligibility.
“This decision was not in line with the procedure set by the Constitution, which actually requires a plenary decision of the Constitutional Court. This decision caused a serious crisis in Parliament. Such events raised significant concerns about respect for the independence of the Constitutional Court and the separation of powers as set out in the Constitution,” the document states.
It also stresses that it is essential “to fully implement the opinion of the Venice Commission” and to respect the conditions of the political agreement reached “between the government and the opposition.”
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