Jovan Kojičić, the candidate for judge of the Constitutional Court (CC), has withdrawn his application for the position announced by Serbia’s President, Jakov Milatović, leaving Alija Beganović as the sole applicant.

This information was shared during today’s session of the Constitutional Committee, which focused on reviewing the Report on the Work of the Constitutional Committee for 2024 and other current topics. The meeting was not attended by any opposition MPs.

Committee Chairwoman Jelena Božović (New Serbian Democracy) mentioned that she had taken over the position from her party colleague Simonda Kordić last year, who is now a minister.

“In 2024, the Committee held eleven sessions with six continuations, totaling 19 hours of discussions on 25 agenda items, spanning 17 days. At our fourth session on February 1, 2024, we conducted a hearing featuring discussions between Milorad Gogić, the President of the Constitutional Court of Montenegro, and Justice Minister ANDrej Milović regarding his proposed amendments to the Law on Civil Servants and State Employees. It’s important to highlight that a public call was issued on December 23, 2024, for two judges of the Constitutional Court (CS), which remains relevant today,” she elaborated.

The committee unanimously adopted the report.

Regarding current matters, she noted that they received a response from President Jakov Milatović concerning the submission of a list of registered candidates for the position of one Constitutional Court judge.

The candidates responding to the President’s call include: Danilo Ćupić, Duško Jovović, Mirjana Vučinić, Dejan Vukšić, Nataša Radonjić, Nikola Golubović, Kojičić, Beganović, and Đorđević.

“According to Article 9, paragraph 4 of the Law on the Constitutional Court, the same individual cannot apply for public calls from both proposers. As for the application times of Jovan Kojičić, Alija Beganović, and Nenad Đorđević, we have evidence for these submissions attached. Nenad Đorđević applied on 15.01.2025, Jovan Kojičić on 17.01.2025, and Alija Beganović sent his application via post on 23.01.2025. We also want to inform you that on 17.02., Nenad Đorđević withdrew his candidacy for judge,” Božović relayed from Milatović’s office, adding that Kojičić had also since withdrawn his candidacy.

She emphasized that the law does not explicitly define what occurs if candidates apply to multiple calls, but she believes the least favorable outcome would be for both the committee and Milatović to reject them. Her recommendation is that candidates remain in the competition they applied for first.

Darko Dragović, an MP from the Europe Now Movement (PES), commented that “decisions should not be rushed,” indicating that this process is ongoing.

“We are currently awaiting hearings for all candidates, after which lies the voting; concurrently, the president will proceed with the process he oversees. Given that the commission’s report remains unchanged, it should be accepted, reflecting this committee’s stance that all candidates who submitted their applications through the Parliamentary public call should move forward,” he expressed.

Dragović noted that until a decision is reached, clarity can be obtained regarding whether Beganović will be a candidate at the Assembly’s invitation or otherwise excluded.

Božović stated that the commission Dragović was part of had verified the legality of the candidacies, and that the board had already established the list of candidates, noting that two candidates had withdrawn their applications. One candidate initially applied at the board’s invitation, only later applying through the president; all three of them remain on the list.

She further asserted that the decisions made by the Constitutional Committee would not be altered and should not be subject to political negotiations, specifically in reference to “conditioning the opposition.”

“Once the prohibition on entering Parliament and acting there is lifted, they can return freely if they choose. As for the committee’s decisions, they will not be influenced by political negotiations or agreements. I must remind everyone that this committee has not enacted any legal act, contrary to the opposition’s claims that we should withdraw it. The retirement of Judge Đuranović is simply a fact that cannot be changed,” she stated.

Božović noted that Đuranović had sought to protect his rights through legal action against institutions, but so far, his attempts have been rejected by the protector of property relations and several courts.

“He has the right to continue seeking to protect his rights, but the decisions of this committee remain unchanged. We will not allow anyone to hinder the functioning of this Parliament or hold the parliamentary majority hostage regarding our vital goals, such as Montenegro’s European path and establishing a lawful, secure, and stable state where no one, including Supreme Court judges, is above the law,” she asserted.

She proposed that after the list was established, Alija Beganović and Marko Blagojević should be invited to the next session for questioning in alphabetical order.

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