HRA NEWSLETTER 13 – TOPIC 11

The case of Special Prosecutor Sanja Jovićević, who filed a lawsuit before the Administrative Court in December last year against the Prosecutorial Council’s decision denying her application for a position in the Supreme State Prosecutor’s Office, has reached the Supreme Court. The Court upheld her request, annulled the Administrative Court’s May 2024 judgment, and ordered a retrial.

The Prosecutorial Council had previously concluded, relying on the amended Article 27 of the Law on the State Prosecutor’s Office, that Jovićević — a former member of the Council — could not be appointed to a higher-level prosecutorial position while the Council’s current term was still ongoing, even though she had resigned in November 2023.

However, the Supreme Court determined that Jovićević’s mandate in the Prosecutorial Council ended on 30 November 2023, before the entry into force of the Amendments to the Law on the State Prosecutor’s Office on 19 June 2024, which introduced a rule tying the term of a Council member to the term of the Council itself.

The Court, presided over by Valentina Pavličić, emphasized that the Constitution of Montenegro prohibits the retroactive application of laws, and found that the Administrative Court’s reasoning did not clearly state the legal basis for its decision.

The Supreme Court’s position thus directly contradicts the opinion of the Ministry of Justice, which in December 2023 had advised the Prosecutorial Council to reject Jovićević’s candidacy for the position in the Supreme State Prosecutor’s Office due to an alleged conflict of interest.

HRA NEWSLETTER 13

• N13.T1 – The Constitutional Court Still Waiting for Judges – Parliament Fails to Elect Any of the Proposed Candidates
• N13.T2 – Draft Amendments to the Law on the Constitutional Court of Montenegro Prepared – New Retirement Conditions for Judges
• N13.T3 – Vesna Medenica Convicted Again – Sentenced to Prison
• N13.T4 – Miloš Medenica Released from Spuž Detention, Vesna Medenica from House Arrest
• N13.T5 – State Prosecutor Srđa Jovanović Sentenced to Prison for Abuse of Office
• N13.T6 – Defendants Acquitted in the “Tunnel” Case, Widespread Criticism of the Verdict
• N13.T7 – The Prosecutor’s Office Report under the Shadow of Political Pressure
• N13.T8 – What Is the Role of the Supreme State Prosecutor?
• N13.T9 – Proposed Candidates for the Prosecutorial Council: One Studied for 16 Years
• N13.T10 – Statute of Limitations and Dismissal of Criminal Complaints in Prosecution Offices and Courts – Inefficiency or Something More Serious?
• N13.T11 – Supreme Court Identified a Procedural Error by the Administrative Court – Case on the Prosecutorial Council’s Decision to Be Reconsidered
• N13.T12 – New Judicial Code of Ethics Adopted – Ilićković to Lead Oversight Commission
• N13.T13 – Process of Establishing the Special Court Begins
• N13.T14 – Basic Court in Rožaje Hosts Open Day: Addressing Peer Violence and Court Challenges
• N13.T15 – Two Unions, Two Approaches to Strikes in the Judiciary