N7.T8 – Human Rights Action Participates in Meeting with Venice Commission
HRA NEWSLETTER 7 – TOPIC 8
A delegation from the Venice Commission visited Montenegro on April 24 and 25, 2025, as part of the process to draft an opinion on the procedure for terminating the functions of judges of the Constitutional Court upon reaching retirement age. During their visit, the delegation engaged with representatives from various Montenegrin institutions, including the President of the Judicial Council, the President of the Supreme Court, the President and judges of the Constitutional Court, the President of Montenegro, as well as representatives from both ruling and opposition parties and civil society organizations.
Amra Bajrović, a representative of Human Rights Action (HRA), attended the meeting with the Venice Commission members and presented HRA’s position that the mandate of judges of the Constitutional Court concludes according to the imperative provisions of the Constitution and the Pension and Disability Insurance Law, similar to all other judges in Montenegro. HRA cautioned that the continued judicial functions of Budimir Šćepanović and Desanka Lopičić, whose mandates have long expired, constitute a violation of the rule of law and undermine the legitimacy of the Constitutional Court.
Bajrović also emphasized that HRA had previously sought a legal opinion from distinguished labor law professor and retired judge of the Supreme Court of Serbia, Zoran Ivošević. This opinion confirms the view that the mandate of Constitutional Court judges ends upon reaching the retirement age specified by the Pension and Disability Insurance Law, not the Labor Law, as claimed by the judges of the Constitutional Court who meet the conditions for retirement.
Regarding Judge Dragana Đuranović, HRA noted that, although the procedure outlined in the Constitution was violated—since the Constitutional Committee, rather than the Constitutional Court itself, concluded that Judge Đuranović met the conditions for termination of function—this action was more appropriate than completely ignoring Article 154 of the Constitution, which was overlooked by both the Constitutional Court and the Montenegrin Parliament. HRA believes that, given the Constitutional Court’s failure to apply this provision, the “power of the Constitution” has rightfully passed to the Parliament.
HRA proposes that the Constitution clearly define the circumstances under which the mandates of Constitutional Court judges end due to retirement age, following the example of Bosnia and Herzegovina, where the Constitution stipulates that judges’ mandates last until they reach 70 years of age.
Until such clarification is made, HRA believes that decisions regarding the termination of Constitutional Court judges’ mandates should be declaratory and consistent with the Constitution and the Pension and Disability Insurance Law, eliminating the need for judges to express an opinion or vote on the matter. This entails that the president of the court should issue a decision recognizing that the mandates have formally ended.
The meeting with the members of the Venice Commission provided a valuable opportunity for civil society organizations to present their arguments and emphasize the importance of interpreting the Constitution and laws in good faith. In addition to Human Rights Action (HRA), representatives from the Association of Lawyers of Montenegro, the Center for Monitoring and Research (CeMI), and the Civic Alliance were also in attendance.
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