Lawyers who applied to two separate advertisements for the selection of judges of the Constitutional Court, even though the law prohibits them from applying to both competitions, should not be disqualified from the selection process for such positions within the institution.

This opinion was shared with “Vijesti” by attorney and former Secretary General of the Government, Boris Marić, who addressed the question of whether these candidates should be disqualified based on the assumption that their application for two calls indicates a lack of legal knowledge.

“I believe their earlier application should be honored. The expressed interest in the role of Constitutional Court judges, which likely led to a misunderstanding of the application rules, should not automatically disqualify them,” he remarked.

The Law on the Constitutional Court (Article 9, paragraph 5) explicitly states that the same individual cannot apply for public invitations from both the parliamentary Constitutional Committee and the head of state. However, it does not clarify the potential consequences if such an occurrence arises.

“Vijesti” reached out to several attorneys yesterday (besides Marić) seeking their opinions on the matter, but none chose to comment on the record. One lawyer expressed that the three candidates should indeed be disqualified, stating it was “a shame” they were unaware of the regulations.

Conversely, another lawyer suggested that these candidates should not be disqualified, as the law does not stipulate penalties for applying to two calls. He elaborated that the legal norm is “unclear when both proposers issue the invitation simultaneously,” adding that candidates who applied to both should be barred from participating in the later application.

When asked if he believed that the lawyers compromised their integrity by not knowing the law, the interviewee for “Vijesti” agreed but noted that many judges have sought “all possible positions in various courts,” labeling it as “careerism.”

Among the applicants for the two advertisements published by the Constitutional Committee and the President of Montenegro Jakov Milatović were President of the Minor Offences Court in Bijelo Polje Alija Beganović, Council of Europe expert Jovan Kojičić, and lawyer Nenad Djordjevic.

In accordance with the provisions set forth in the Law on the Constitutional Court, the head of state has established a special commission tasked with verifying whether the applications from the three candidates adhered to the Constitution, the Law on the Constitutional Court, and the public invitation.

“This may certainly influence the procedural character during the interview phase with the proposers and the subsequent decision regarding the candidates, but I stress again, it is not a reason for disqualification,” Marić emphasized.

During yesterday’s session of the Constitutional Committee, Jelena Božović (New Serbian Democracy) announced that they are awaiting a response from Milatović regarding the identities of the candidates who applied to his invitation.

The Constitutional Committee reviewed the report from the selection commission for two judges sought through a public call on December 23, 2024. It was noted that the candidates, in addition to Beganović, Kojičić, and Đorđević, also included Marko Blagojevic, Goran Velimirović, Zoran Vukićević, Nerma Dobardzic, Jovan Jovanovic, Muhamed Đokaj, Sanja Maslenjak, Medina Musovic, Mirjana Radovic, and Milva Prelevic, all of whom submitted their applications on time and in full.

Božović indicated that the board had received a letter from Milatović “requesting that they submit the final list of candidates” for the announced competition.

“We sent this conclusion and the list; as chair of the committee, I signed a letter requesting them to provide us with the list of applicants… Given the law’s stipulation that candidates cannot apply to both calls, this matter will only be resolved once we receive the list from the president,” she explained.

During the session, member of the Europe Now Movement (PES) Darko Dragović noted that while it was accurate that the commission held two sessions to verify the timeliness of applications, their role was to ascertain compliance with the invitation, not the Constitution or the law, meaning they were not responsible for checking if candidates applied to both proposals.

He mentioned that it became known through media reports that certain candidates had indeed applied to two calls.

“I believe that along with the request to the president of the state as the proposer, it would be prudent to inquire about when the applications from the candidates were received by the president, because Article 9 of the Law on the Constitutional Court states that a person cannot apply to two calls, but not that they cannot be elected or don’t meet the requirements,” he clarified.

Dragović emphasized that the law does not mandate any penalties for applying to two competitions.

“If one cannot apply, they should not participate in either of the procedures. We will need to clarify whether they can take part in both procedures or just one, therefore it is crucial to establish the timing of the second application,” he concluded.

As previously announced by his Public Relations Office, Milatović will engage with all candidates who applied to his public call and meet the selection criteria, “and based on their qualifications and the outcomes of interviews, draft a reasoned proposal for electing a judge of the Constitutional Court.”

On February 13, he established a list of candidates which included, in addition to Beganović, Kojičić, and Đorđević, Danilo Cupic, Dusko Jovovic, Mirjana Vučinić, Dejan Vuksic, Nataša Radonjić, and Nikola Golubović.

Currently, the Constitutional Court is functioning with five out of the seven judges needed. The Constitutional Committee has advertised positions for successors to Milorad Gogić and Dragana Đuranović, as well as for a judge to replace Budimir Šćepanović, who remains in office despite meeting the retirement criteria as per the Pension and Disability Insurance Law (PIO).

According to the Constitution, judges of the Constitutional Court, who serve a mandate of 12 years, are elected and dismissed by parliament—two judges at the proposal of the president and five at the proposal of a committee.

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