N16.T5 – Between Appointments and Resignations: Montenegro Lacks a Significant Number of Judges
HRA NEWSLETTER 16 – TOPIC 5
At the end of January 2026, the Montenegrin judiciary was lacking a total of 38 judges (13%), as well as two court presidents. During 2025, the Judicial Council intensified its work on the selection of new judges and judicial candidates, but this has still proven insufficient, particularly in light of the continuing termination of judicial mandates. As a result, courts are unable to deliver more efficient results, especially given the large inflow of new cases and the backlog of unresolved ones.
During the previous year, 35 judges and 31 judicial candidates were appointed, while an additional nine judges were appointed in January 2026. According to the President of the Judicial Council, Radoje Korać, a total of 42 candidates are currently undergoing initial training.
On the other hand, nine terminations of judicial office were recorded during 2025—five at the judges’ own request and four due to retirement. In January 2026, two additional resignations were registered.
Seven resignations submitted over the past 13 months, accompanied by requests for compensation following the termination of office, indicate that so-called functional severance payments continue to represent an inappropriate incentive for leaving judicial office. In Bulletin No. 8, Human Rights Action published a comparative analysis showing that no country in the region has a similar solution regarding compensation after the termination of judicial office.
The current number of judges is insufficient for the judiciary to meet the efficiency standards required of Montenegro by the European Union. Incentives for leaving judicial office are not beneficial for Montenegro. For this reason, Human Rights Action proposed amendments to the Law on Salaries in the Public Sector, as well as amendments to the Law on the Judicial Council and Judges, in order to limit the right to compensation after the termination of office and to prevent the payment of such high compensations and severance pay to those who resign.
Research published in the previous issue demonstrated how long and demanding the path to a judicial position is. Without better salaries and improved working conditions, it will be difficult to expect greater interest among young lawyers in the judicial profession.
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