N15.T1 – Mugoša is elected Judge of the Constitutional Court, Krstonijević fails to secure support in the first round
HRA NEWSLETTER 15 – TOPIC 1
On the last day of 2025, the Parliament of Montenegro elected Nikola Mugoša, former President of the State Election Commission, as a judge of the Constitutional Court, upon the proposal of the Constitutional Committee.
Predrag Krstonijević, a judge of the High Court in Podgorica and the nominee of President Jakov Milatović, failed to secure the required majority. Mugoša received 61 votes, while Krstonijević was supported by only 25 members of parliament. In the first round, the election of a Constitutional Court judge requires a two-thirds majority, at least 54 votes, while in the second round, held no earlier than one month later, a three-fifths majority is required, at least 49 votes.
Ahead of the continuation of parliamentary work, Prime Minister Milojko Spajić held consultations with representatives of parliamentary parties regarding the election of Constitutional Court judges. He stated that completing the composition of the Constitutional Court is one of the most important obligations on Montenegro’s path to membership in the European Union. It has not been announced whether consultations were held regarding the President’s nominee.
A few days before the vote on Constitutional Court judges, Parliament decided to extend the mandate of Constitutional Court judge Desanka Lopičić until the election of her successor, for a maximum period of one year. Her mandate expired in December, and the Law on the Constitutional Court allows for such an extension if Parliament fails to elect a new judge. Lopičić is expected to be replaced by a nominee of President Milatović.
The Executive Director of the NGO Human Rights Action, Tea Gorjanc-Prelević, told Vijesti that the extension of Lopičić’s mandate is contrary to the Constitution, as her judicial office should have ended last year when she completed 40 years of service, in accordance with the Law on Pension and Disability Insurance. In January, she will also turn 65, thereby meeting the second statutory condition for retirement.
“The extension of the mandate of Constitutional Court judge Desanka Lopičić is unconstitutional and unlawful. In a situation where there is neither war nor a state of emergency, this represents unjustified disregard for the legal order. This is inappropriate for a state that must demonstrate its commitment to the rule of law ahead of accession to the European Union,” Gorjanc-Prelević stated.
The Executive Director of HRA expects President Jakov Milatović to urgently propose another candidate for judge and to ensure that all positions are filled, so that the Court has both the legitimacy and the capacity to function normally.
On 24 December, President Jakov Milatović established the list of candidates for the election of one judge of the Constitutional Court, following a public call issued on 28 November this year. Ten candidates applied: Nenad Đorđević, Nenad Vujanović, Milica Kovačević, Almir Muratović, Nataša Radonjić, Jelena Ružičić, Marija Bošković, Marko Blagojević, Ivan Adamović, and Mirsad Mujević.
Out of the seven judges prescribed by law, the Constitutional Court currently has six, including Judge Lopičić, who is performing her function unconstitutionally. It should be recalled that on 25 November, in the second round of voting following an unsuccessful first round, Parliament elected Jovan Jovanović as a judge, while the remaining two candidates, Mirjana Radović and Mirjana Vučinić, did not receive the required support. Jovanović and Radović were nominees of the parliamentary Constitutional Committee, while Mirjana Vučinić was proposed by President Milatović.
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