The process of electing the vacant Constitutional Court judges in Parliament has been paused once more as the outcome of the upcoming meeting between the parliamentary majority, the opposition, and Johan Sattler, the head of the EU Delegation, is anticipated next week, according to “Vijesti.”

Informally, it is understood that the meeting’s agenda includes discussions on implementing the Venice Commission’s Opinion regarding the termination of Constitutional Court judge Dragana Đuranović’s role due to her reaching retirement conditions as outlined in the Law on Pension and Disability Insurance.

The EU Delegation has informally informed “Vijesti” that Sattler will engage with government and opposition representatives about implementing the Venice Commission’s Opinion.

A source from the parliamentary opposition told “Vijesti” that the meeting with Sattler, originally scheduled for this week, has been postponed. Consequently, he noted that the session of the Constitutional Committee, which was to finalize the list of candidates for the judges of the Constitutional Court yesterday, was also delayed.

The opposition emphasizes the need to respect the Agreement signed with Prime Minister Milojko Spajić (Europe Now Movement), which clearly states that the Venice Commission’s Opinion should be honored, “highlighting that the procedure was not adhered to in the Đuranović case.”

At the end of last year, Parliament, following the Constitutional Committee’s conclusion, declared that Dragana Đuranović’s position had ceased due to her reaching retirement age in accordance with the Law on Pension and Disability Insurance, while her judgeship was terminated under the Labor Law. In protest, the opposition exited Parliament and obstructed the Electoral Legislation Reform Committee. Following a mediation process led by Sattler, part of the opposition signed an agreement with Spajić on March 15 to address the political crisis, allowing them to re-enter Parliament and submit a request to the Venice Commission for an opinion on the disputed matter.

Sattler has repeatedly stated his expectation that both the government and opposition will faithfully implement the signed Agreement “in the interest of Montenegro’s European future.”

The Agreement specifies that all necessary steps must be taken to fully execute the Venice Commission’s Opinion promptly and no later than 15 days after its delivery. The deadline for this implementation has lapsed, as the Opinion was received in mid-June.

The Opinion underscored that the Montenegrin Parliament should have adhered to the procedures requiring formal notification regarding the termination of Đuranović’s judicial function to the Constitutional Court. They clarified that it was not within their jurisdiction to interpret national constitutional norms or the constitutionality of specific actions taken by Parliament and the Constitutional Court.

To prevent situations like Đuranović’s case, the Venice Commission suggested various proposals: establishing a clear legal framework that explicitly outlines the retirement age for Constitutional Court judges; introducing an automatic mechanism for notifying when judges meet retirement conditions; adopting a provision allowing judges to continue their duties until a replacement is appointed; and considering an extension of disqualification provisions concerning judges in the event of conflicts of interest, all while upholding procedural guarantees and ensuring the Constitutional Court’s operability.

Authorities concluded that the Venice Commission’s Opinion didn’t target an individual case but provided recommendations aimed at rectifying longstanding and detrimental practices.

On June 14, Minister of Justice Bojan Božović announced the creation of a working group, comprising representatives from the government, opposition, and relevant institutions, to ensure the complete and precise implementation of the Venice Commission’s recommendations.

The opposition highlighted that the Venice Commission confirmed their prediction—that the parliamentary majority acted unconstitutionally by determining the termination of Đuranović’s position without informing the Constitutional Court.

Sattler discussed the Venice Commission’s Opinion with the Lawyers’ Association

Sattler engaged in dialogue with the Association of Lawyers of Montenegro regarding the Venice Commission’s Opinion yesterday. The Association informed “Vijesti” that during their discussion, they expressed significant concern regarding the lack of implementation of the Venice Commission’s recommendations, which they believe are crucial given the urgency and deadlines involved.

They stressed that adhering to these recommendations is vital for ensuring the rule of law and respecting international obligations stemming from the Agreement.

President Jakov Milatović commented yesterday on the Parliament’s failure to elect the missing judges to the Constitutional Court, deeming it irresponsible.

He remarked that this situation prolongs the severe constitutional crisis Montenegro has faced since December of last year.

“The crisis has been evident, as confirmed by the Venice Commission’s opinion relating to the unconstitutional retirement of Judge Đuranović. This was further validated in the European Commission’s report. There is a significant irresponsibility from the Parliament regarding filling the proposed positions for Constitutional Court judges,” Milatović conveyed to reporters following the “Decision-making power without gender balance” conference, organized by the Civic Alliance.

The Constitutional Committee planned to appoint two judges on December 23 of last year and interviewed all candidates in mid-March. However, the procedure has been on hold pending the arrival of the Venice Commission’s opinion regarding the Đuranović case.

Meanwhile, the office of Constitutional Court judge Budimir Šćepanović has also lapsed, leaving the Constitutional Court with only four judges instead of the required seven.

Milatović (one of the proposers for Constitutional Court judges) nominated Mirjana Vučinić as Šćepanović’s successor in mid-May, but the Parliament has yet to vote on this. He issued a new advertisement for the selection of a Constitutional Court judge on Wednesday because Judge Desanka Lopičić’s term will expire at the end of the year.

Board meeting by the end of July?

Jelena Božović, the President of the Constitutional Committee, announced on Thursday that an important session for appointing judges to the Constitutional Court has been deferred due to “emerging obligations and justifiable reasons of certain committee members who will be unable to attend.”

“All committee members expressed their desire and commitment to participate in the session, acknowledging the exceptional importance of appointing judges for the legal system and the ongoing functioning of institutions in Montenegro,” Božović stated.

She indicated that they expect to fulfill the necessary conditions for the session to convene by the end of July, when they plan to conduct the vote.

“Recognizing the importance of this process, we will not schedule a new session until all committee members can attend, and the public will be informed of the new date in a timely manner,” Božović added.

Thirteen candidates applied in response to the Constitutional Committee’s public call in December.

Sattler warned against the risks of hasty vetting

During their conversation, representatives of the Lawyers’ Association also addressed various pressing issues concerning legal reforms in the rule of law with Sattler, cautioning him about the dangers of conducting “hasty and unprepared vetting,” as well as the increasing reliance on the institution of detention.

Members of the Lawyers’ Association conveyed their concern that detention is becoming increasingly punitive rather than serving as the security measure intended by law.

It was also mentioned that Sattler was made aware of the unconstitutionality surrounding the proposed changes to the Public Assembly Act.

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