• Saturday, 06 June 2026

Government proposes constitutional changes regarding composition of Judicial and Prosecutorial councils

Government proposes constitutional changes regarding composition of Judicial and Prosecutorial councils

 

Podgorica, (MINA) – The Government has adopted the Initiative to amend the Constitution of Montenegro in the part regarding the composition and appointment of members of the Judicial Council and the Prosecutorial Council.

According to the Government’s press release, in the negotiation process so far, Montenegro has undertaken significant activities on implementing constitutional and legislative framework, as well as building an institutional judicial framework based on the principles of independence and autonomy.

“The EU’s common position adopted in June 2024, which determines the conditions for closing the Chapter 23, requires Montenegro to amend its Constitution with regard to the composition and appointment of the Judicial Council and the Prosecutorial Council”, the press release said.

It is stated that with regard to the composition of the Judicial Council, the amendments provide for a majority of members to be judges elected by all judges, and that the Minister of Justice should no longer be a member of the Judicial Council.

“They also stipulate that lay members of the Judicial Council should be elected based on their professional references and integrity, based on objective and measurable criteria in order to contribute fully to the work and exercise of the constitutional and legal competences of the Judicial Council”, the press release added.

According to the Government, members of the Prosecutorial Council from the ranks of distinguished lawyers should be elected by a qualified majority, while safeguards regarding the composition and election procedure for the Prosecutorial Council should be prescribed at the constitutional level in line with the current legislation.

The Government recognized the establishment of an independent, professional and reliable judiciary as a strategically important area in the further process of European integration of Montenegro, the press release reads.

The Government has also concluded that it will withdraw from the parliamentary procedure the proposal to amend the Constitution dated April 17 last year.

“As the Parliament did not complete the hearing on the proposal requesting changes to in the composition of the Judicial Council regarding the membership of the Minister of Justice, and in the meantime, in the process of European integration, issues were raised regarding the need for the composition of the Prosecutorial Council to be prescribed in the Constitution, the new Proposal covers both topics”, the press release says.

 

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