Opposition writes to Quinte embassies: Illegal retirement of Constitutional Court judges would cause chaos, we will be forced to provide an organized response

SOURCE: ANTENA M - AUTHOR: M.J. GDNUS

The Montenegrin opposition has sent a letter to the Quinte embassies regarding the possible retirement of Constitutional Court judges.

Their letter, signed by DPS leader Danijel Živković, URA leader Dritan Abazović, SD leader Damir Šehović, HGI president Adrijan Vuksanović and independent MP Jevrosima Pejović, is reproduced in its entirety.

Your Excellencies,

With a strong sense of concern, we are addressing you regarding the intention of the ruling majority MPs to convene a session of the Constitutional Committee and, contrary to the applicable legal provisions, retire three Constitutional Court judges.

We would like to remind you that the Constitution of Montenegro stipulates that a Constitutional Court judge's office ceases when he or she meets the conditions for retirement.

The Constitutional Court's position of 30. 08. 2024 is that, in this case, the provisions of the Labor Law apply, and not the Law on Pension and Disability Insurance (PIO). The Labor Law stipulates that an employee's employment relationship terminates by force of law when he or she reaches the age of 66 and has at least 15 years of insurance service.

Considering that the three aforementioned judges were born on 18. 12. 1959 (judge Dragana Đuranović), 23. 01. 1961 (judge Desanka Lopičić) and 31. 05. 1959 (judge Budimir Šćepanović), it is clear that the legally prescribed conditions for their retirement have not been met.

In addition, the procedural conditions regarding the termination of the function of a judge of the Constitutional Court have not been met. Article 154, paragraph 3 of the Constitution of Montenegro reads – “the occurrence of reasons for termination of office or dismissal shall be determined by the Constitutional Court at a session and shall inform the Parliament thereof”. The Constitutional Court has not held a session on this occasion to date.

If, regardless of the above, the Constitutional Committee makes a decision on the retirement of three judges of the Constitutional Court, this would result in a blockade of the functioning of the Constitutional Court and paralysis of the electoral process.

We invite you to urge the representatives of the ruling majority, until the beginning of the session of the Constitutional Committee, in order to avoid the creation of institutional chaos and prevent serious political consequences that may occur.

We remind you that, in the past period, the parliamentary opposition has given its full contribution to Montenegro fulfilling the historical goal of full membership in the EU. If, however, the parliamentary majority, contrary to the Constitution and laws of Montenegro, makes a decision on the retirement of three judges of the Constitutional Court, we will be forced to provide an organized response to this in institutions and outside them.