Lawyer Miloš Vukčević, who helped draft the request for the Venice Commission (VC), stated that the text is not finalized yet and will not be submitted to the international body today as initially planned.

There have been disputes with Justice Minister Bojan Božović, the other participant in this process, regarding the number of questions to include in the request.

During an appearance on RTCG, he mentioned challenges they faced while drafting the text.

“We have been working intensively over the past three days. I believed that we should pose one fundamental question: Whether the actions of the Constitutional Committee and its conclusion regarding the termination of Judge Dragana Đuranović’s position are formally unconstitutional. Conversely, the minister believes we should ask multiple questions. We will continue our discussions today, and I hope we can establish a specific question, supported by explanations from both parties,” Vukčević explained, as reported by the RTCG portal.

However, he noted that he cannot currently confirm whether the request will contain only one question, emphasizing that multiple questions could dilute the request’s significance.

He stated that the Venice Commission provides recommendations, which both the government and opposition have agreed to follow, and he expects those recommendations to be clear and precise to allow for implementation.

“In my view and that of the opposition, the Constitution was violated in terms of procedure. This aspect is crucial because the Constitutional Committee has improperly taken over the jurisdiction of the Constitutional Court. I stand by the constitutional and legal order. The Constitutional Court, by majority opinion, believes that the termination of judges’ work must adhere to the Labor Law. While the Judicial Council disagrees, that viewpoint is irrelevant; we must respect the Constitutional Court’s ruling,” Vukčević stated.

He further emphasized that while one can disagree with certain court decisions, it is not permissible to usurp the jurisdiction of those courts.

“We are initiating proceedings with the Venice Commission, which will gather opinions from all parties involved, both government and opposition, before arriving at a final decision or recommendation,” added Vukčević.

He anticipates that the Constitutional Court will determine that formal unconstitutionality exists in this case, which will then compel the political community to honor that recommendation as they have promised. He noted this would clarify that the case in question was the sole instance in which a judge’s employment was terminated under the PIO Law, indicating it was a politically motivated decision.

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