N14.T3 – Prosecutorial Council Gets New Members, but Lack of Competition for Council Positions Raises Concern
HRA NEWSLETTER 14 – TOPIC 3
On 17 November, the Parliament of Montenegro elected three members to the Prosecutorial Council – Sekula Raičević, Veselin Šćepanović, and Sanja Radulović. Šćepanović and Raičević were nominated as distinguished legal professionals, while Radulović was nominated as a representative of the Bar. The Prosecutorial Council still lacks one member – a representative from the NGO sector. However, due to the stringent eligibility criteria, it remains uncertain whether any candidates will come forward in response to the renewed call for applications
Newly elected Council member Sekula Raičević is Secretary of the Faculty of Political Science at the University of Montenegro. What has drawn public criticism is the fact that he was nominated as a distinguished lawyer despite having studied for 16 years, from 1999 to 2015. This point was raised by legal expert Marko Radović after the candidates were interviewed by the Parliamentary Committee on Political System, Judiciary, and Administration.
“There is nothing shameful about earning a degree later in life. However, considering the number of prominent legal experts who could have been nominated for such a position, it does no honor to the legal profession to award the status of ‘distinguished lawyer’ in this manner,” Radović warned earlier.
Veselin Šćepanović, who at the time of application was a public bailiff in the municipality of Bar, stated during his interview with the Committee that he has 30 years of legal experience. He worked in the State Prosecutor’s Office for ten years, including six years as Deputy Basic Prosecutor in Bar, and served another ten years as a judge at the Basic Court in Bar.
Attorney Sanja Radulović was nominated as a Prosecutorial Council member from the ranks of lawyers by the Bar Association of Montenegro. She was one of four candidates who applied in response to the Bar’s public call on 11 June this year. Following interviews before the Association’s Managing Board, Radulović was nominated to the Parliament for appointment to the Council.
Before the new members were elected, opposition MPs expressed concern over the fact that only two candidates applied for two open positions, both of whom were then elected. They argued that the low level of interest in Council membership reflects weakening trust in the legal system.
Human Rights Action had previously noted that the lack of interest in Prosecutorial Council positions—particularly among distinguished lawyers—was troubling.
“The fact that only two candidates applied in response to the Committee’s public call may point to a lack of confidence within the professional legal community in the political and institutional environment in which the appointment process takes place—specifically, in the transparency of the process and the absence of political calculations. On the other hand, it may also indicate a low level of motivation among distinguished lawyers to contribute to the work of the Prosecutorial Council and, in doing so, expose themselves to public pressure and a politicized discourse,” said HRA legal advisor Amra Bajrović.
It is worth recalling that only one candidate applied for the vacant position of distinguished lawyer in the Judicial Council—and that candidate was not elected.
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