President Jakov Milatović stated today that the Parliament is exhibiting irresponsibility by failing to appoint the remaining judges to the Constitutional Court.

He characterized this situation as a continuation of the serious constitutional crisis that has engulfed Montenegro since December of last year.

“The crisis has been clearly validated by the Venice Commission’s assessment regarding the unconstitutional retirement of Constitutional Court judge Ms. (Dragana) Đuranović. This evaluation has also been echoed in the European Commission’s report. The Parliament’s negligence in appointing candidates for judges of the Constitutional Court reflects immense irresponsibility,” Milatović expressed to reporters after the “Decision-making power without gender balance” conference hosted by the Civic Alliance.

The Constitutional Committee announced the election for two judges on December 23 last year and conducted interviews with candidates by mid-March. Following this, the process was halted pending the Venice Commission’s opinion on the retirement of Constitutional Court judge Dragana Đuranović. Subsequently, the position of judge Budimir Šćepanović also became vacant, leaving the court with only four out of the required seven judges.

Milatović, who proposed Mirjana Vučinić as Šćepanović’s successor in mid-May, noted that Parliament has yet to elect her. Recently, he issued a new announcement for the election of a Constitutional Court judge, as Judge Desanka Lopičić’s term will end this year.

The President emphasized that he has complied with the Constitution and relevant laws throughout this period, proposing candidates within the legal timeframe.

“A few days ago, after receiving word from the Constitutional Court regarding Judge Lopičić, I also made a public call. I have been fulfilling my responsibilities in accordance with the Constitution and laws, making this matter a crucial concern regarding the accountability of the Parliament of Montenegro. The country is experiencing a constitutional crisis, and I would not want this situation to conclude without accountability. It is evident that there has been an unconstitutional retirement of a Constitutional Court judge, and with the Venice Commission’s findings and the European Commission’s stance, it is now up to the political entities in Montenegro’s Parliament to determine how to resolve this constitutional crisis. We all understand what the solution is; the only question is whether we will pursue the correct path,” Milatović said.

When asked whether he expects the judges of the Constitutional Court to be appointed by the end of July, the President underscored that Parliament has not elected a successor for Judge Milorad Gogić for over a year.

“For a year, the Parliament of Montenegro has not addressed this issue. The significance of the Constitutional Court is well understood. Not only has a new judge to replace Judge Gogić not been appointed, but another judge has been unconstitutionally removed. This is clearly an attack by Parliament on another branch of government. We have the Venice Commission’s and European Commission’s opinions on this matter, yet it appears we remain without a judge. In this regard, the Parliament of Montenegro bears the greatest responsibility. Thus, I urge the Parliament to finally accept its share of the responsibility, as the current situation is genuinely irresponsible,” Milatović asserted.

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