Constitutional Court publishes list of 348 pending normative review cases
For the first time, the Constitutional Court of Montenegro has published a list of pending cases in the area of normative review, i.e. cases concerning laws and by-laws whose constitutionality and legality are being reviewed by the Court. At present, 161 cases challenging laws and 187 cases challenging by-laws remain unresolved, with the oldest case dating back to 2018.
The President of the Constitutional Court, Snežana Armenko, stated that this represents a first step towards greater public insight into the state of normative review, which the civil society sector has consistently called for over the past decade.
“By publishing this list, every citizen can see which legislative and sub-legislative solutions have been challenged before the Constitutional Court and how long decisions have been pending,” Armenko said.
She explained that the list will be updated on a quarterly basis and that resolving these cases will be a priority during 2026.
The publication of the list of pending cases represents an important step forward in recognising that the Constitutional Court performs a public service in the interest of citizens and that the public should be informed about matters brought before the Court and the order in which they are addressed.
It should be recalled that Human Rights Action proposed the publication of such a list and a case-resolution plan as early as 2014, during the presidency of Desanka Lopičić. At the time, however, the importance of this initiative for transparency and legal certainty was not recognised.
Government proposes extension of increased salaries for judges and prosecutors until the end of 2026
The Government of Montenegro adopted draft amendments to the Law on the Judicial Council and Judges, the Law on the State Prosecution Service, and the Law on the Constitutional Court, extending the right of judges and prosecutors to a 30% functional allowance until 31 December 2026.
The Government stated that the amendments are based on the principle that judges and state prosecutors are entitled to remuneration commensurate with the dignity of their office and the level of responsibility they bear, and that adequate income represents an important guarantee of their independence and material security.
It should be recalled that the Action Plan for Chapter 23 envisaged the preparation, by the end of the fourth quarter, of a draft Law on Salaries and Other Rights of Holders of Judicial and Constitutional Court Offices, which was intended to regulate in a systematic manner the salaries and other rights of judges and state prosecutors. As this law has not yet been prepared, the Government proposed the extension of the functional allowance—previously valid until the end of 2025 under earlier legislative amendments—as a transitional solution.
We consider it necessary for the Government and the Parliament of Montenegro to consider and adopt a permanent legislative solution as soon as possible, in order to ensure a stable and predictable framework for the functioning of the judiciary and the Constitutional Court.
Special Prosecutor Bošković resigns
Special Prosecutor Nataša Bošković has resigned from her position at the Special State Prosecutor’s Office of Montenegro, as noted by the Prosecutorial Council of Montenegro at its session held on 29 December.
“I submitted my resignation after careful consideration, for personal and professional reasons. During my tenure, I acted in accordance with the Constitution, the law, and professional standards. This is my personal and independent decision, and I plan to continue my career within the judiciary,” Bošković told Portal ETV.
Bošković began her career as a judge at the Basic Court in Nikšić and later continued her work at the Basic Court in Podgorica. Since 2015, she has served as a Special State Prosecutor. She was also a candidate for a judge of the Constitutional Court in a competition announced in early December 2025 by the Parliament’s Constitutional Committee.
Drafting of the Law on Court Administration begins
The working group tasked with drafting the Law on Court Administration began its work on 18 December. The President of the Judicial Employees’ Union, Dejan Đukić, stated that the law will, for the first time, regulate in a systematic manner job titles, the classification of positions, employment, career advancement, professional training, as well as the rights and obligations of employees in court administration.
“We expect significant progress from the working group, as similar solutions already exist in EU member states in the region, such as Croatia and Slovenia. In parallel, a separate law for holders of judicial office will also be drafted, and both laws should be submitted to parliamentary procedure at the same time. The Judicial Employees’ Union has already prepared its proposals, including indicative coefficients for court secretaries, professional associates, court managers, heads of criminal registries, clerks, and advisors, which will be considered within the working group,” Đukić told Pobjeda.
He assessed that the draft law could be finalised within three to four months and submitted to parliamentary procedure in April 2026.
It should be recalled that the Judicial Employees’ Union of Montenegro and the Ministry of Justice of Montenegro signed an agreement in October providing for the suspension of the court administration strike, an increase in salaries starting with the November payroll, and the establishment of a working group to draft the Law on Court Administration.
The agreement was opposed by the Union of Public Administration and Judiciary, whose members continued their strike, while a similar position was taken by the Union of State Prosecution Service Employees of Montenegro.
“To date, there has been no increase in salaries for civil servants and employees in the State Prosecution Service, while court employees have already received an increase through their November salaries. Such treatment of part of the staff in judicial institutions does not represent a responsible approach to resolving this issue; on the contrary, it further deepens divisions and dissatisfaction within the judiciary. Employees of the State Prosecution Service are ready to respond appropriately to this kind of dismissive and discriminatory treatment if salary increases for employees of this institution are not introduced in the near future,” Bulatović told Pobjeda.
Mirko Đuković appointed as Montenegro’s new Agent before the European Court of Human Rights in Strasbourg
The Government of Montenegro appointed Mirko Đuković as Montenegro’s Agent before the European Court of Human Rights in Strasbourg at its session held on 4 December. Ana Srdanović was appointed as his Deputy.
Đuković’s appointment followed the dismissal of Katarina Peković from the position. She had taken up the post last year, replacing Valentina Pavličić, whose dismissal by the Government was later found to be unlawful by the Constitutional Court of Montenegro.
Đuković and Srdanović were selected following a public call issued on 2 September, in accordance with amendments to the Law on the Agent adopted by the Parliament of Montenegro in March. Under these amendments, the Agent and the Deputy Agent are appointed and dismissed by the Government, on the basis of a public call and upon the proposal of the Secretary General of the Government. Previously, the Agent and Deputy Agent were proposed by the Minister of Justice.
The new Agent of Montenegro before the Court graduated in law from the University of Montenegro and obtained a master’s degree in European integration law from the University of Belgrade, as well as a master’s degree in international economic and business law from Kyushu University. He has lectured at universities in Montenegro, Hungary, Austria, and China, and has also worked in research and consultancy.
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