Montenegro’s Parliament Debates Constitutional Court Candidates

During a session of the Montenegrin Parliament, discussions are underway regarding the adoption of three international agreements, followed by a debate on candidates for the Constitutional Court. Among the candidates, two have been proposed by the Constitutional Committee: Jovan Jovanović and Mirjana Radović. Additionally, President Jakov Milatović has nominated Mirjana Vučinić for the position of judge.

In his remarks, President Milatović emphasized the importance of qualifications in the selection process. He stated, “It is no secret that one of the candidates is from the current parliamentary majority, specifically candidate Radović.” He compared the qualifications of Radović and Vučinić, noting that Vučinić graduated from law school with an average score of nearly nine, while Radović’s average score was around seven. Vučinić boasts 35 years of experience in various legal roles, including twenty years as a lawyer, whereas Radović has approximately fifteen years of experience, mostly in a non-governmental organization.

Milatović stressed that the Constitution is the foundation of Montenegro, asserting, “When it is trampled, everything else collapses.” He lamented a lack of progress in understanding the significance of constitutional integrity, referring to a history of political practices that undermine the judicial system. “The Constitutional Court is not the property of any government or party; it belongs to the citizens of Montenegro. It serves as a shield against the arbitrariness of the parliamentary majority and is the last line of defense for rights and justice,” he added.

In a show of support for the candidates proposed by the Constitutional Committee, Vasilije Čarapic from the Europe Now Movement remarked that this is the first time candidates are being considered based on their expertise rather than political affiliations. He urged lawmakers to back these candidates, expressing confidence that if an election does not occur today, it would happen in the next round.

On the other hand, Andrija Nikolić, head of the parliamentary club for the Democratic Party of Socialists (DPS), criticized the current parliamentary majority for treating the state as a party prize. He pointed out that an ongoing constitutional crisis originated last summer when Milorad Gogić became eligible for retirement, and he condemned the undemocratic retirement of Judge Dragana Đuranović. He highlighted the need for adherence to established procedures, as outlined by the Venice Commission.

Comments from members of the URA Civic Movement reflected a refusal to participate in what they termed a “performance” regarding Montenegro’s European path. Miloš Konatar stated that the party will not engage in trade-offs and called for discussions based on principles. He urged the parliamentary majority to demonstrate their legitimacy and responsibility to the public.

Meanwhile, Jasmin Ćorović from the Bosniak Party announced his party’s opposition to the candidates proposed by the Constitutional Committee. Nikola Zirojević from the Social Democrats also expressed concern over the lack of consultation with the opposition, noting the necessity for a qualified two-thirds majority in the first round of voting. He warned against attempts to secure politically favorable candidates through subsequent rounds.

As discussions continued, Zirojević requested that the sponsors of the candidates be present in the parliament, a request that was denied by Zdenka Popović, the Vice President of the Parliament. The session reflected a broader struggle within Montenegrin politics as parties navigate the complexities of judicial appointments and the balance of power in governance.

As the debate unfolds, the outcome of these nominations could significantly influence Montenegro’s judicial landscape and its adherence to the rule of law.