Marko Blagojević, the Constitutional Court judge candidate, stated today that the delays in decisions regarding constitutional appeals are concerning, as they risk losing their efficacy as a legal remedy.

This announcement was made during today’s session of the Constitutional Committee of the Parliament of Montenegro, where consultations for the candidates vying for judges of the Constitutional Court continued.

Blagojević shared his career journey, explaining that after graduating, he began as an intern at the Basic Court in Nikšić. Following his bar exam, he became an advisor at the same court and was later appointed as a judge at the Basic Court in Herceg Novi in 2010.

“Upon my arrival at that court, I was assigned to the criminal section, where I collaborated with a colleague for about a year and a half, successfully reducing our case load to around twenty cases. By 2012, I was moved to the executive section, which had a backlog that included cases dating back to 1985,” Blagojević highlighted. He further noted his subsequent election as a judge at the Basic Court in Nikšić, focusing on civil and analytical sections.

Since 2022, he has been serving as a judge at the Higher Court in Podgorica, specifically overseeing juvenile cases.

Blagojević mentioned his co-authorship in a scientific paper concerning child surrender and removal, which examined comparative practices in the region and the European Court’s involvement.

Admir Adrović, a Bosniak Party (BS) MP, inquired about Blagojević’s motivation for running and his strategies for expediting case resolutions.

Blagojević pointed out that a natural motivation lies in the desire for advancement, stating that a judge who isn’t career-oriented would remain stagnant.

“I aim to enhance the court’s operations through my knowledge and expertise, ensuring faster case resolutions and maintaining constitutionality, with a primary focus on upholding human rights and freedoms. My commitment to improving court proceedings involves diligent work; my days extend beyond the typical eight hours, often into evenings and weekends. Achieving results necessitates effort. The responsibility for improvement falls on the Constitutional Court’s President, and if elected, I would strive for efficiency by establishing norms, ensuring a balance between quantity and quality,” he elaborated.

Darko Dragović, an MP from the Europe Now Movement (PES), questioned Blagojević regarding potential conflicts between the Constitutional Court and other courts over specific legal interpretations related to children’s rights. He also requested an analysis of the Constitutional Court’s decisions concerning these rights and asked why judges do not exercise their prerogative to initiate proceedings ex officio in case of societal anomalies.

Blagojević reiterated his concerns over the long waiting periods for constitutional appeal decisions, expressing fear that these systems could become ineffective legal remedies.

“While I haven’t assessed the Constitutional Court’s decisions on children’s rights, I am aware that my case related to children’s rights was reviewed by the court,” Blagojević stated.

Additionally, he referenced that the European Court of Human Rights (ECHR) makes decisions based on six key postulates, which include ensuring that rulings are fair and not unreasonably delayed, although in one instance, the court deviated from this principle.

Jelena Božović, chairwoman from New Serbian Democracy (NSD), asked Blagojević about the postponement of local elections in thirteen municipalities to 2022.

“The minority government at the time, supported by the Democratic Party of Socialists (DPS), postponed elections scheduled for June in thirteen municipalities, including Podgorica, by amending the Law on Local Self-Government—pushing the elections to October via an amendment that should be applicable under the Law on the Election of Deputies and Councilors, which requires a two-thirds majority for changes. Consequently, the Democratic Front approached the Constitutional Court to challenge the constitutionality of this decision, with the court deciding negatively on the amendments, yet there was a silence surrounding the outcome,” she noted.

“Those now claiming to uphold the Constitution, namely the DPS and its allies, were, at that time, the ones violating it. As a legal expert, I’d like to know your opinion on the necessary actions following the Constitutional Court’s decisions, rather than ignoring them. Also, have you ever been affiliated with a political party?” Božović queried.

Blagojević clarified that he has never belonged to any political party and that, as a judge, he is prohibited from such affiliations.

He added that he does not recall specific details from 2022.

Dragović further inquired whether the elections and all related outcomes were lawful.

Blagojević replied that proceedings could still be pursued, even if previously suspended.

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