Supreme Court President Valentina Pavličić addressed Prime Minister Milojko Spajić, Deputy Prime Minister Momo Koprivica, Minister of Justice Bojan Božović, and Minister of Finance Novica Vuković in a letter emphasizing the urgent need for a temporary solution to the issue of judges’ salaries.

Pavličić indicated that the apparent crisis affecting the judiciary’s material working conditions and the motivation to enter and remain in the judicial profession necessitates swift and substantial action from the state.

Here is a direct quote from her letter:

“I am reaching out to you in my capacity as President of the Supreme Court of Montenegro, having been unanimously elected to this role by the Judicial Council on December 2, 2024. Since then, I have begun to evaluate the current status of Montenegro’s judicial system.

As you are aware, Montenegro must enact a law that will finally and adequately address the issue of judges’ salaries, in line with established international regulations and standards, as well as national legislation and strategic documents. The amendments to these documents are crucial for fulfilling international obligations and facilitating Montenegro’s quicker integration into the European Union. The aim of these norms and the associated obligations is to safeguard the independence and autonomy of courts and judges. It’s essential to remember that the independence of the judiciary serves not as a privilege for judges but as a cornerstone of the rule of law and respect for the human rights of each citizen seeking justice in the courts. A dedicated law is imperative given the unique nature of the judicial function, which necessitates a clear demarcation from other branches of government—both organizationally and financially—and acknowledges the importance and accountability of judges performing their roles on behalf of Montenegro. Ultimately, investing in the judiciary reflects investment in the future, stability, and overall development of the state.

Judges are entitled to a salary structured to protect them from pressures that could influence their judgment and general behavior within their duties, thus ensuring independence and impartiality. Our international commitments hinge mainly on Montenegro’s strategic aim to join the EU, which includes the responsibility to align national legislation with EU law and pertinent international treaties. This alignment is assessed annually through prepared reports, gauging the fulfillment of both interim and final benchmarks. I would like to remind you that our judiciary has significantly contributed to fulfilling these benchmarks while actively participating toward the realization of our commitments under the final benchmarks. In particular, I highlight the opinions from the Venice Commission regarding the proposed amendments to the Law on the Judicial Council and Judges, the European Charter on the Law for Judges, as well as Advisory Opinions No. 1 (2001) and No. 2 from the Consultative Council of European Judges (CCJE), which address standards for judicial independence, the irremovability of judges, and the financing and administration of courts concerning the efficiency of the judicial system, alongside Article 6 of the European Convention on Human Rights.

Regionally, it is notable that Croatia, Serbia, and Bosnia and Herzegovina have previously established special statutes governing the remuneration and benefits of judges and prosecutors.

As of now, the Government of Montenegro has yet to adopt the Proposal for a Law on Amendments to the Law on Salaries of Public Sector Employees. Through this written correspondence, I emphasize the urgency of its adoption, particularly regarding the salary increases for judicial officials. Additionally, I want to remind you that after the judiciary announced a work suspension, the government explicitly promised to secure judges’ rights to adequate salaries starting from January 1, 2025, during meetings and negotiations with judiciary representatives. Following this, a Working Group was formed tasked with drafting a specialized law governing judges’ workplace rights, including financial provisions corresponding to the Venice Commission’s Opinion from last year and international standards.

However, as the judiciary is not a stand-alone entity and reflects broader societal trends, we have recognized that the conditions for enacting a special law on judges’ salaries have not yet been fully realized. After discussions, as President of the Supreme Court, with judges from the highest court in Montenegro and additional consultations with justice experts, it has become clear that there is an urgent need to create an interim solution for judges’ status. In the spirit of fruitful collaboration, I propose the following.

On November 18, 2024, the Government of Montenegro approved the Draft Law on Amendments to the Law on Salaries of Public Sector Employees, which anticipates a salary increase of approximately 30% for judicial officials. The Ministry of Finance initially projected that the government would adopt this Proposal by the end of last year. Accordingly, the Proposed Budget for Montenegro for 2025 allocates funds for these salary increases.

Considering that the Working Group, despite significant efforts, has not finalized drafting a special law governing salaries and other benefits for judges and constitutional court officials, and given the uncertainty surrounding the establishment of necessary conditions for implementing such a statute in the near future, it is both reasonable and necessary to expedite the drafting of the Proposal for the Law on Salaries of Public Sector Employees with a focus on judges’ remuneration until the special provisions can be enacted.

I firmly believe that the anticipated salary increase for judicial office holders is crucial and must be enacted promptly. The current legal framework has been effective since 2016, and salary coefficients have already been reduced twice in 2017 by approximately 15%. Existing salary levels do not reflect the cost of living, do not align with the complexity of judges’ work, and fail to adequately balance the judicial function’s responsibilities with the dignity of all judges in Montenegro. Furthermore, it is vital that for judges—who perform a unique and critical constitutional role—a temporary measure acknowledges the distinct regulations applicable to the judiciary as needed by their special status, thereby safeguarding the fundamental principle of judicial independence. This principle holds significant importance as we progress on Montenegro’s path toward EU membership.

In conclusion, I must reiterate that the evident crisis confronting the judiciary—marked by inadequate material working conditions and dwindling motivation to join and stay within the judicial profession—urgently requires decisive state intervention. Additionally, the reform of judicial regulations and the bolstering of independence align with Montenegro’s strategic objectives, which are in concert with EU policies. Therefore, any silence or leniency from the executive branch regarding the judiciary’s needs would send a concerning message: that it does not grasp the judiciary’s critical role, disregards international commitments, and violates its strategic obligations essential for Montenegro’s integration path, ultimately threatening the rule of law.

“Your Excellency, I am confident, especially given our cooperative relationship at the level of the Supreme Court of Montenegro and the Government, that together we can achieve the shared objective of providing a substantive, realistic, and financially sustainable judiciary. Since this constructive proposal arises from the judiciary, which must positively contribute to the final stages of Montenegro’s EU accession negotiations, I urge you to prioritize this critical issue,” the letter concludes.

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