Montenegro MPs Debate Packet of Judicial Reforms

Montenegro’s parliament on Wednesday began a debate on a set of important judicial laws aimed at defining the work of the Constitutional Court, the lower courts, the Judicial Council and redefining the tasks of judges.  

The amendments plan to ensure the financial independence of the Constitutional Court as well as ensure that in future the Supreme Court does not have to seek the opinion of parliament before deciding the constitutionality of laws and regulations.

Supreme Court judges will be elected for a non-renewable period of 12 years and the selection of candidates, who need to be the “reputable lawyers”, will be carried out on the basis of a public call.

In addition, the proposals identify the Judicial Council as an independent body whose task is to choose and recall judges and ensure “the independence and autonomy of the courts and judges”.

Addressing parliament, Justice Minister Dusko Markovic said that the amendments would bolster the professionalism and independence of the judiciary and meet one of the EU’s key recommendations within Montenegro’s accession talks.

The proposed solutions, he added, largely follow the recommendations of the Venice Commission, an advisory body to the Council of Europe.

The opposition had accused the government parties of stalling on the changes because of its alleged unwillingness to surrender influence over the judiciary.

They say the laws still contain unjustified gaps and imprecise points, while the procedure for the election of judges and of members of the Judicial Council is insufficiently developed and will not prevent the exercise of political influence.

The lack of a provision on prevention of conflicts of interest has also been criticized.

“The government does not care about results but only about adopting more and more laws.  The EU will not turn a blind eye to your failure to establish the rule of law,” one opposition MP, Slaven Radunovic, said.

The EU has warned Montenegro, which opened accession talks in June 2012, that its politicised and inefficient judiciary was an obstacle to advance towards EU membership.

European Commission progress reports on Montenegro have highlighted the politicisation of the judiciary as one of the country’s weakest spots.

Judicial independence is seen as key to the fight against organised crime and corruption – two issues seen as major points in the accession process.