The Human Rights Action (HRA) welcomes the election of one Constitutional Court judge, Jovan Jovanović, but expresses regret over the failure to elect the proposed candidates Mirjana Vučinić and Mirjana Radović, despite the fact that they met all the requirements for election.

At a historically important moment in deciding on the country’s accession to the European Union, the Parliament did not demonstrate the necessary level of responsibility regarding the appointment of the Constitutional Court, an institution that represents the last safeguard of the rule of law. The Court still will not be able to deliberate in full composition, which will seriously affect its efficiency. We remind that the Court currently has 2,135 cases pending, including 1,797 constitutional appeals, and that the existing four judges could only resolve cases on which they were able to reach consensus.

Additional concern is raised by the fact that Judge Desanka Lopičić’s term expires at the end of this year (although she met the conditions for retirement back in June 2024, at which point her term should have ended), and the President has yet to propose a candidate to replace her. Therefore, the election of another necessary judge by the end of the year is uncertain.

The selection of new candidates upon the proposal of the parliamentary Committee cannot be expected before March or April of next year.

Given the way candidates have been treated in the selection process—where MPs criticize them for not meeting requirements that are not prescribed by law (such as the judicial exam) or for representing clients whom MPs disapprove of—it is highly questionable who would even apply for the position under such circumstances, unless they are party-affiliated candidates prepared for such “party-style” treatment.

We recall that in its latest report, the European Commission highlighted that Montenegro must ensure the effective functioning of the Constitutional Court, which is impossible without all seven judges.

This situation clearly undermines not only the protection of constitutionality and human rights, but also Montenegro’s progress toward membership in the European Union.