N12.T1 – Constitutional Court at risk of blockade, authorities did not allow the election of Mirjana Vučinić as Constitutional Court judge
HRA NEWSLETTER 12 – TOPIC 1
Members of the parliamentary majority in the Montenegrin Parliament refused to even consider the appointment of attorney Mirjana Vučinić as a judge of the Constitutional Court. Although the President of Montenegro, Jakov Milatović, as the authorized nominator, submitted her candidacy and requested a special parliamentary session for voting on this proposal, the ruling MPs did not adopt the agenda. By doing so, they blocked the filling of a vacant judicial position on the Court.
Currently, the Court operates with four out of the prescribed seven judges, and rulings can only be adopted if there is unanimous consent. Once Judge Desanka Lopicić leaves office in late December due to the expiration of her twelve-year mandate, the Constitutional Court will remain with only three judges, thus losing quorum for decision-making.
The Europe Now Movement, the largest parliamentary party, explained their rejection of the agenda by arguing that it was necessary to wait for the implementation of the Venice Commission’s opinion regarding the case of former Constitutional Court judge Dragana Đuranović. However, that opinion had been received three months earlier. They further claimed that the President’s proposal would be considered during the regular session in mid-October. On September 22, the first meeting of the working group for implementing Venice Commission recommendations through amendments to the Law on the Constitutional Court was held. The Ministry of Justice, headed by Bojan Božović, stated that the group had not been formed earlier because the opposition failed to appoint its representative. Alongside government and ministry members, the group also includes Tea Gorjanc Prelević, Executive Director of the NGO Human Rights Action (HRA).
President Milatović criticized the ruling majority’s move, stressing that it undermines the credibility of the Parliament and shows that the government opposes the functional operation of the Constitutional Court:
“They have chosen to deepen the constitutional crisis. It is clear they are not against the candidate herself but against the functioning of the Court. Today we are witnessing a lack of state responsibility and political cowardice. This is not a matter of political tactics but of constitutional order and Montenegro’s European future,” Milatović said at a press conference.
Human Rights Action also condemned the majority’s decision, calling it irresponsible toward the Court.
“I don’t see why the appointment to replace Budimir Šćepanović, whose departure was not contested unlike Đuranović’s, should depend on Venice Commission recommendations. I believe this is only an excuse,” said Tea Gorjanc Prelević.
She added that the stance also shows disrespect toward the President and toward citizens “who have been waiting for their cases to be resolved before the Court.”
The opposition argued that the government’s actions aim to slow down EU integration and paralyze the Court’s work.
“I believe the goal is to reduce the Court to three judges, and then the ruling majority would jointly appoint four new judges, making compromise easier through political bargaining,” said Milena Vuković, Vice-President of the civic movement URA.
Some ruling parties had previously criticized attorney Vučinić for allegedly representing the construction company Bemax, associated with the long-standing rule of the Democratic Party of Socialists and certain criminal activities, stating that this was why they would not support her candidacy. However, TV Vijesti journalist Tatjana Ašanin, in the program “Nedjelja u retrovizoru”, presented documents showing that Vučinić had represented clients against Bemax in legal proceedings.
Gorjanc Prelević emphasized that Parliament should have at least debated Milatović’s proposal:
“The only so-called ‘fault’ of attorney Vučinić seems to be that she once represented Bemax. If so, then we should confront the arguments on whether European values such as the right to legal defense, the fundamental principle that every person deserves representation, and the UN Special Rapporteur’s recommendation that lawyers must not be identified with their clients, can be abandoned.”
Besides the President’s proposal regarding Vučinić, the appointments to replace former judges Milorad Gogić and Dragana Đuranović remain pending. Although the Parliamentary Committee on Constitutional Affairs announced the vacancies in December last year and interviewed candidates in March, it has yet to finalize the list. Meanwhile, President Milatović has announced a new call for one additional judge to replace Desanka Lopicić, whose mandate expires at year’s end.
English