N10.T8 – OVERVIEW OF THE JUDICIARY – 54 JUDGES AND 27 STATE PROSECUTORS MISSING
HRA NEWSLETTER 10 – TOPIC 8
By the end of July, there were 281 active judges in Montenegrin courts, with as many as fifty-two judges—or nearly 16%—missing, including chiefs in basic courts in Cetinje and Žabljak! The greatest shortages are in the basic courts of the northern region—17 judges missing, 12 in the southern region, and eight in the central region, according to data from the Judicial Council.
In the last three years, there have been 72 terminations of judicial functions in Montenegrin courts. Thirty-five judges resigned voluntarily, thirty-four retired upon meeting the pension requirements, and three left for other reasons.
What is particularly concerning is that many judges who voluntarily resign still apply for and receive official allowances. Specifically, from 2020 until June of this year, a total of 49 judges resigned but were granted one year of “paid leave.” Due to this practice, the NGO Action for Human Rights previously proposed amendments to the Law on Public Sector Salaries and the Law on the Judicial Council and Judges to limit entitlement to compensation upon termination of employment. They also suggested preventing those who resign from receiving allowances and severance pay.
Meanwhile, while waiting for regulation of this part of the judiciary’s functioning, the Judicial Council continues working on filling vacant positions. From the beginning of the year until June 27, it has appointed 29 judges, one court president, and 12 judges in promotion procedures.
At this moment, 43 candidates are undergoing training to become judges in basic courts, two candidates for judges at the Commercial Court, one for the Administrative Court, and five for misdemeanor courts.
Regarding staffing levels in the State Prosecutor’s Office, currently 27 state prosecutors are missing, which is 20%. The most pronounced shortage is at the Special State Prosecutor’s Office (SDT), which lacks four special prosecutors; therefore, three state prosecutors from the Basic State Prosecutor’s Office in Podgorica have been assigned there. Three state prosecutors are missing at the basic state prosecutor’s offices in Rožaje and Berane, as well as at the Supreme State Prosecutor’s Office. Two prosecutors are missing at the Basic State Prosecutor’s Offices in Pljevlja and Cetinje, and at the Higher State Prosecutor’s Office in Podgorica.
The judicial function is not popular among legal professionals. For the advertisement for the selection of 15 judges in the courts of the northern region, published on May 6 of this year, only two applications were received, which prompted the Judicial Council to announce a new call on June 13, this time for 13 judges. On the other hand, for the call last June for 12 state prosecutors for basic state prosecutor’s offices, 23 candidates applied, of whom nine met the requirements for an interview. These data indicate a greater interest in working in the prosecutor’s office, despite the significant shortage of judges.
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