• subota, 20 jun 2026

Constitutional amendments should be essential and based on social consensus

Constitutional amendments should be essential and based on social consensus

 

Podgorica, (MINA) – Constitutional amendments in the judiciary are crucial for European integration, but they should be essential and adopted with broad social consensus, it was said at the panel discussion “What do constitutional amendments bring to the judiciary?”, organized by the Center for Democratic Transition (CDT).

Minister of Justice Bojan Bozovic said that the Government received a recommendation through communication with the European Commission (EC) and international partners that it is necessary to amend the Constitution so that the Prosecutorial Council becomes a constitutional category, adding that this should apply to the Judicial Council.

“One of the obligations for closing the chapter is to accept these recommendations, most of which date back seven or eight years. We adhered to the principle and proposed it be integrated into the Constitution, without the minister being a part of the Judicial Council”, said Bozovic.

He added that the Government has committed not to participate in the work of the Judicial Council.

Bozovic also stated that it is positive that both the Judicial and Prosecutorial Councils should be part of the Constitution.

“And that the formal-legal influence of the executive branch over the prosecutorial and judicial branch would be further reduced and formally abolished, with a representative of the Ministry of Justice would have a role in the Judicial Council,” said Bozovic.

Member of the Judicial Council, Miodrag Ilickovic, said that the intention behind the constitutional amendments is to free both the Prosecutorial and the Judicial Council from political influence.

He stated that this was attempted in 2013.

“I was delighted. But the opposite happened. It was all prepared, and then the government realized that they would transfer enormous power to the judiciary and the Constitutional Court, that finally the judiciary would become a very powerful branch of government”, said Ilickovic.

He added that he is against the Minister of Justice not participating in the Judicial Council.

Ilickovic further added that the proposed amendments to include more judges and fewer distinguished lawyers do not bring any substantial improvement.

Lawyer Sinisa Gazivoda recalled that the Venice Commission (VC) said that two things should be taken care of: avoiding corporatism and preventing politicization, i.e. excessive political influence.

He added that it would be useful to consider professionalizing of both the Judicial and Prosecutorial Councils.

   

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