AUTHOR:M.J. GDNUS
The Government, at its 77th session held today, chaired by the Deputy Prime Minister for Security, Defense, Fight against Crime and Internal Policy Aleksa Bečić, has adopted a proposal to amend the Constitution of Montenegro.
As stated, as part of the implementation of the Reform Agenda of Montenegro 2024-2027 for the EU Instrument for Reforms and Growth, which envisages that the Constitution will be amended by June 2025, the proposed amendment relates to the provisions of Amendments VIII and IX to the Constitution of Montenegro, which regulate:
1. the composition of the Judicial Council, namely: Amendment VIII;
2. Decision-making by the Minister of Justice in disciplinary proceedings against judges, namely: Amendment IX paragraph 3.
The proposal, they claim, is aligned with the EU acquis and European standards on the independence, accountability, integrity, impartiality and professionalism of the judiciary and prosecution, including addressing existing recommendations of the European Commission, the opinions of the Venice Commission and the recommendations of the Group of States against Corruption of the Council of Europe (GRECO).
"The discussion assessed as justified the need to change the aforementioned constitutional provisions regarding the composition of the Judicial Council, that the majority should be composed of judges elected by all judges, that the Minister of Justice should not be a member of the Judicial Council, and that members of the Judicial Council who are not judges should be elected on the basis of their professional references and integrity, based on objective and measurable criteria in order to fully contribute to the work and exercise of the constitutional and legal competences of the Judicial Council.
As emphasized, the Government has recognized the establishment of an independent, professional and reliable judiciary as a strategically important area in the further process of European integration of Montenegro, because only an independent judiciary can be considered the ultimate and most important guarantor of the democratic functioning of institutions at the national, European and international levels and the guarantor of legal security for citizens," the statement states.