Podgorica, (MINA) - The Ministry of Justice has put forward draft amendments to the Law on the Constitutional Court in line with the recommendations of the Venice Commission (VC), said Minister Bojan Bozovic, while the opposition argues that this solution is unconstitutional.

 

During a parliamentary debate, Bozovic stated that the first recommendation of the Venice Commission was the adoption of a clear legal framework, regulating the retirement age of Constitutional Court judges.

 

He said that the second recommendation is the introduction of a simplified automatic mechanism for notifying when the old age retirement requirements of judges of the Constitutional Court are met.

 

“The third recommendation is the adoption of a provision that would allow a judge to continue performing their duties until a new judge takes office, in order to avoid situations in which judges’ positions are vacant because new judges have not been appointed”, Bozovic added.

 

He said that the Ministry would not submit any law to the Parliament if it did not receive the “green light” from the Venice Commission or the European Commission (EC).

 

Democratic Party of Socialists (DPS) MP Andrija Nikolic said that this debate was not about the Law on the Constitutional Court, but on whether the Constitution remains the highest legal act or it has been reduced to a mere recommendation.

 

“Because the Constitution of Montenegro is clear. It says that the mandate of the Constitutional Court judges lasts 12 years. Not 12 plus until we reach a political agreement. 12 years and that’s it. There is discussion, the law cannot override Constitution”, said Nikolic.

 

According to him, amending the Constitution requires dialogue, responsibility and consensus.

 

“And the violation of the Constitution, that you are attempting, requires only political will. So you have agreed to violate the Constitution. Why? Because you have a recommendation from the Venice Commission. Is the Venice Commission more important than the Constitution?” asked Nikolic.

 

He also called on the President of the country, if the amendments are adopted, to urgently address the EU institutions, adding that the DPS would do the same.

 

MP Milan Knezevic of the Democratic People’s Party said that Head of the EU Delegation to Montenegro, Johann Sattler, is the key figure “who brought us into a constitutional crisis”.

 

He said that he is convinced that the Constitutional Court will not be completed.

 

“Because parts of the majority, predominantly from the Europe Now Movement, do not agree with the election of the seventh judge of the Constitutional Court”, Knezevic added, and urged for the seventh judge to be elected, calling on Ambassador Sattler to propose a candidate.