Podgorica, (MINA) - The constitutional amendments proposed by the Government, concerning the Prosecutorial Council, will not strengthen the Council’s constitutional role, said president of the Board of Directors of the Institut Alternativa Stevo Muk.

He said that the proposed amendments do not resolve the key conflict of interest and inappropriate concentration of power in the function of the Supreme State Prosecutor (VDT), who ex officio chairs the Prosecutorial Council, while the introduction of a qualified majority unjustifiably complicates the election of lay members of the Prosecutorial Council in the Parliament.

“The government proposes introducing a two-thirds or three-fifths majority of votes as a requirement for the election of the Prosecutorial Council members, thereby creating another legal and politically demanding obstacle, which can certainly result in the Prosecutorial Council being left without members who are not state prosecutors for months or years”, warned Muk.

According to him, previous difficulties experienced in the Parliament in securing such majority can serve as a cautionary example.

Muk added that the Government’s proposals do not offer an explanation or justification of why the Judicial Council is chaired by a member who is not a judge, while the Prosecutorial Council is continued to be chaired by the Supreme State Prosecutor.

According to Muk, the proposed amendments do not change the composition of the Prosecutorial Council, as suggested by some media, because the composition of the Prosecutorial Council is not defined by the Constitution.

“It is about the government’s proposal which transfers into the Constitution the composition of the Prosecutorial Council prescribed by the 2024 Law, while abandoning the composition that was prescribed by the amendments from 2021, which enabled the start of the reform within the prosecutorial service”, explained Muk.

According to him, although the autonomy of the prosecutorial service is key to protection from political influence, international standards stress that it must be balanced with clear mechanisms of accountability, transparency and oversight.