HRA NEWSLETTER 11 – TOPIC 3

In the first half of 2025, the Judicial and Prosecutorial Councils issued five decisions concerning the disciplinary accountability of judges and prosecutors. Three cases were considered by the Judicial Council, while the Prosecutorial Council ruled in two cases involving the same prosecutor.

In February, the Judicial Council found High Court judge in Podgorica, Suzana Mugoša, liable for a serious disciplinary violation after she publicly stated that an Appeals Court judgment in the “Državni udar” case had been “bought.” She was sanctioned with a 30% salary reduction for three months and a two-year promotion ban. The Supreme Court later rejected her appeal, making the Council’s decision final.

Another case concerned the failure to submit asset and income declarations for 2022. On March 14, the proposal for disciplinary proceedings was dismissed, with the Council ruling that a single omission did not constitute a violation, as “failure to submit” implied continuous noncompliance. This interpretation has long hindered accountability for undeclared assets.

The third case involved an alleged unjustified absence of a Bijelo Polje Misdemeanor Court judge. The proceedings were dismissed after it was established that the judge had submitted a medical certificate covering the period and informed the court president by email.

Before the Prosecutorial Council, Special Prosecutor Lidija Mitrović was sanctioned on March 28 for failing to act within statutory deadlines, which led to the expiry of a prosecution. She received a 20% salary cut for three months. However, on May 29, the Supreme Court annulled the decision and ordered a retrial. Before the case was reconsidered, the Prosecutorial Council dismissed Mitrović on June 5, following her conviction for abuse of office and a seven-month prison sentence, which automatically terminated her mandate.

Overall, the number of disciplinary decisions remained low, with continued concerns over the interpretation that prevents sanctions for failures to declare assets. The European Commission has repeatedly highlighted the need for stronger accountability mechanisms in this area, identifying it as a key benchmark under Chapter 23 of Montenegro’s EU accession negotiations.

HRA NEWSLETTER 11

• N11.T1 – Tomković: Pre-Trial Detainees Announce Hunger Strike and Court Disruption
• N11.T2 – Judge Rabrenović Found in Breach of Judicial Code of Ethics
• N11.T3 – Disciplinary Accountability of Judges and Prosecutors in 2025
• N11.T4 – Basic Court Assists High Court in Podgorica to Improve Efficiency; Judicial Complex Still Pending
• N11.T5 – Basic Court in Nikšić Resolves Over 99% of Incoming Cases in 2025
• N11.T6 – New Presidents Appointed for Misdemeanor Courts in Podgorica and Bijelo Polje